Arulmighu Kamakshiamman And Arulmighu Karpaga Vinayagar Trust v. The Joint Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.02.2024

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA Arulmighu Kamakshiamman and Arulmighu Karpaga Vinayagar Trust, Rep by its President Mr.G.Subramaniam, S/o.A.Gangadaran Mudaliar, Door No.9A, Kannarpalayam Street, Karamadai Town, Mettupalayam Taluk, Coimbatore District.

... Petitioner Vs.

The Joint Commissioner, HR & CE Department, Coimbatore - 18.

... Respondent Prayer : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondent to consider the petitioner's representation dated 27.05.2022 to appoint the selected three persons as Trustees of the Temples as per the Resolution dated 15.05.2022.

For Petitioner : Ms.S.Banupriya For Respondent : Mr.K.Karthikeyan, GA Page No.1 of 5

ORDER

This Writ Petition has been filed seeking issuance of a Writ of Mandamus to direct the respondent to consider the petitioner's representation dated 27.05.2022 to appoint the already selected three persons as Trustees of the Temples as per the Resolution dated 15.05.2022.

2. Heard Ms.S.Banupriya, learned counsel for the petitioner and Mr.K.Karthikeyan, learned Government Advocate who takes notice for the respondent.

3. The learned counsel for the petitioner submitted that the trustees have been selected as per the scheme decree dated 02.09.1991 in O.A.No.33/88 B1 in respect of Arulmighu Kamakshiamman and Arulmighu Karpaga Vinayagar Temple.

4. The learned counsel for the petitioner submitted that the proposal has already been submitted to the Commissioner for approval Page No.2 of 5

and the file is lying with the Commissioner. Since the selection or election has to be taken for every two years in view of the tenure of the trustees, it is obligatory on the part of the respondent to facilitate the approval to be obtained from the Commissioner in a fixed time frame.

5. Since the representation of the petitioner has already been forwarded to the Commissioner and the file is pending with the Commissioner for orders, I feel it is appropriate to give a direction to the Commissioner to dispose the representation of the petitioner and pass appropriate orders within a period of three weeks from the date of receipt of a copy of this order.

6. With the above observations, this Writ Petition is disposed. No costs.

05.02.2024 Index : Yes /No Internet : Yes/No Speaking / Non-speaking gsk NOTE : The Registry is directed to send a copy of this order to The Page No.3 of 5

Commissioner, HR & CE Department, Coimbatore - 18. Page No.4 of 5

R.N.MANJULA , J.

gsk To The Joint Commissioner, HR & CE Department, Coimbatore - 18.

05.02.2024 Page No.5 of 5