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Madras High CourtWP/1020/2023disposed of

K.Sanmugavel v. The District Collector

2023-01-12Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.01.2023

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR K.Sanmugavel

...Petitioner

Vs.

1.The District Collector Salem-District Salem.

2.The Joint Commissioner Hindu Religious & Charitable Endowments Department (HR & CE), Arulmigu Kottai Mariamman Kovil Complex Salem 636 001.

3.The Assistant Commissioner Hindu Religious & Charitable Endowments Department (HR & CE), Arulmigu Kottai Mariamman Kovil Complex Salem 636 001.

4.The Inspector Hindu Religious & Charitable Endowments Department (HR & CE), Omalur Salem 636 455.

...Respondents

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Prayer:- This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the second respondent to appoint the petitioner as the hereditary trustee by considering the representation of the petitioner dated 22.12.2022. For Petitioner : Mr.D.Balachandran For Respondents : Mr.M.Bindrom Additional Government Pleader

ORDER

This Writ Petition is filed for issuance of a Writ of Mandamus, directing the second respondent to appoint the petitioner as the hereditary trustee by considering the representation of the petitioner dated 22.12.2022.

2. It is the case of the petitioner that his grand father Ponnusamy is the hereditary trustee of Sri Samundi Amman Temple. After the demise of his grand father, he made a representation dated 22.12.2022 to appoint him as the hereditary trustee of the said Temple. The said representation has not been considered till date and hence, the present Writ Petition.

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3. The learned Additional Government Pleader appearing for the respondents submitted that the petitioner's father has already filed a similar application in Application No.23 of 2022 to appoint him as the hereditary trustee of the said Temple, which is pending before the Joint Commissioner. However, the petitioner suppressing the said fact has filed the present Writ Petition and hence, this Writ Petition may not be allowed.

4. In such view of the matter, it is for the authorities to take a decision on the representation of the petitioner dated 22.12.2022 and pass suitable orders on merits and in accordance with law within a period of two months.

5. With the above directions the Writ Petition is disposed of. No costs.

12.01.2023 Index : Yes/No pvs 3/5

To 1.The District Collector Salem-District Salem.

2.The Joint Commissioner Hindu Religious & Charitable Endowments Department (HR & CE), Arulmigu Kottai Mariamman Kovil Complex Salem 636 001.

3.The Assistant Commissioner Hindu Religious & Charitable Endowments Department (HR & CE), Arulmigu Kottai Mariamman Kovil Complex Salem 636 001.

4.The Inspector Hindu Religious & Charitable Endowments Department (HR & CE), Omalur Salem 636 455.

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N.SATHISH KUMAR .J., pvs 12.01.2023 5/5