Mrs.S.Kasturibai, v. The Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.03.2018
CORAM
THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.5167 of 2018 Mrs.S.Kasturibai Wife of Sri.K.Sundaram ... Petitioner vs.
1.
The Commissioner 2.
The Joint Commissioner (Additional Commissioner for Education & Charitable Institution (enquiry) additional charge) 3.
The Joint Commissioner 4.
The Assistant Commissioner 5.
The Fit Person / Executive Officer Arulmighu Karaneeswarar Thirukoil Saidapet, Chennai-600 015.
..Respondents Writ petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st respondent to consider the representation of the petitioner dated 13.02.2018 and conduct the election, for electing the Managing Trustee of the Arulmigu Kadumbadi Chinnamman Thirukkoil, Saidapet, Chennai-600 015, by following the existing practice of rotational management within a time frame.
For Petitioner : Mr.M.Kempraj For Respondents : Mr.M.Maharaja Special Government Pleader
O R D E R
Mr.M.Maharaja, learned Special Government Pleader takes notice for the respondents. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.
2. This writ petition is filed seeking for a direction to the first respondent to consider the petitioner's representation dated 13.02.2018 to conduct election for electing the Managing Trustee of the Arulmigu Kadumbadi Chinnamman Thirukkoil, Saidapet, Chennai-600 015, by following the practice of rotational management.
3. It is seen that this Court already passed an order in WP.No.1963 of 2018 dated 31.01.2018, filed by one C.Anusuya, directing the HR & CE Department to conduct election to the office of the managing Hereditary Trustee of the said Temple within a period of three weeks from the date of receipt of a copy of that order. Now, it is stated before this Court that the election is also scheduled to be held on 12.03.2018, in pursuant to the order passed by this Court, as stated supra. At this juncture, the petitioner has come forward with the present prayer. Since election is already scheduled and going to take place on 12.03.2018, it is for the petitioner to work out her remedy, in case, if she has any grievance, even after such election.
Since the election is already scheduled and the day of election is fastly approaching, I do not think that this Court can entertain the present writ petition at this stage. Accordingly, this writ petition is disposed of, by granting liberty to the petitioner to agitate the matter afresh in accordance with law, if she has any cause of action to do so, after election. No costs.
Sd/- Asst.Registrar (CS VI ) /true copy/ Sub Asst. Registrar mk To 1.
The Commissioner
2.
The Joint Commissioner (Additional Commissioner for Education & Charitable Institution (enquiry) additional charge) 3.
The Joint Commissioner 4.
The Assistant Commissioner 5.
The Fit Person / Executive Officer Arulmighu Karaneeswarar Thirukoil Saidapet, Chennai-600 015.
+1cc to Mr.M.Kempraj, Advocate sr.no.17604 +1cc to Government Pleader in sr.no.17799 WP.No.5167 of 2018 nr 26/03/2018