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Madras High CourtWP/5710/2019disposed of with direction

A.Radhakrishnan v. The Vigilance Commissioner

2024-09-20Honourable Mr Justice M.Dhandapani7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.09.2024

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI A.Radhakrishnan

...Petitioner

Vs.

1.

The Vigilance Commissioner, Secretariat, Chennai - 600 009.

2.

The Secretary to Government, Tourism Culture and Endowment Department, Secretariat, Chennai - 600 009.

3.

The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Nungambakkam High Road, Chennai - 34. 4.

The Deputy Inspector General of Police, Salem.

5.

The Deputy Superintendent of Police, Vigilence and Anti-corruption, Anti-corruption Department, Salem.

6.

The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Salem.

1/7

7.

K.S.Mangairkarasi, Former Joint Commissioner, Hindu Religious and Charitable Endowment Department, Salem, Presently Now as Joint Commissioner / Executive Officer, Arulmigu Ramanathaswami Temple, Rameshwaram.

8.

The Executive Officer, Arulmigu Kothandaramaswami Thirukoil, Ayothiapattinam, Valapadi Taluk, Salem District.

9.

P.Suresh Kumar, Former Executive Officer, Arulmigu Kothandaramaswami Thirukoil, Ayothiapattinam, Valapadi Taluk, Salem District, Now working at Arulmigu Balasubramaniaswami Temple, Vadachennimalai, Attur Taluk, Salem District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 to 5 to take appropriate action as against the erring officials who failed to monitor the temple car construction process and also misappropriate the fund of 8th respondent temple by considering petitioner representation dated 23.7.2018. For Petitioner : Mr.R.Marudhachalamurthy For Respondents : Mr.LSM.Hasan Fizal, AGP, for R1 & R2 : Mr.NRR.Arun Natarajan, Spl.GP, for R3, 6 & 7 : Mr.L.Baskaran, GA (Crl. Side), for R4 & R5 : Mr.T.S.Vijaya Raghavan, for R8 : No Appearance, for R9 2/7

ORDER

This Writ Petition has been filed seeking direction to the respondents 1 to 5 to take appropriate action as against the erring officials who failed to monitor the temple car construction process and the misappropriation of the temple funds by considering petitioner's representation dated 23.07.2018.

2. The case of the petitioner is that the petitioner is one of the ardent devotee of the 8th respondent temple. When the petitioner visited the 8th respondent temple, he came to know that a temple car construction process was initiated in the said temple and the contract was sanctioned in favour of one Gopal Sthapathy to construct the temple car. Though, the said Gopal Sthapathy was unable to complete the temple car construction, instead of cancelling the contract and issuing fresh contract, the 8th respondent had allotted the car construction process to some other incompetent persons and further, several irregularities and illegalities were committed in the construction process. Thereby, the petitioner approached the official respondents by way of making a representation dated 23.07.2018, which evoked no response. Hence, this Writ petition. 3/7

3. Though very many grounds have been raised, the learned counsel for the petitioner submitted that, it would suffice, if this Court issues direction to the respondents 1 to 5 to consider the petitioner's representation dated 23.07.2018 and pass orders on the same as expeditiously as possible.

4. Learned Government Advocate (Crl. Side) appearing on behalf of the 4th and 5th respondents submitted that, pursuant to the representation/ complaint made by the petitioner, one of the officials of the 5th respondent collected intelligence and perused the records and upon perusal of the said records it is evident that, there is no such irregularity as stated by the petitioner has been committed by the 8th respondent in respect of the renovation/construction of the temple car.

5. In view of the above said submission made by the learned Government Advocate that no irregularity has been committed by the 8th respondent in respect of the renovation of the temple car, this Court is of the view that, no further adjudication is necessary in this Writ petition. 4/7

6. Accordingly, this Writ petition stands closed. No costs. 20.09.2024 skt NCC : Yes/No Index : Yes/No Speaking Order : Yes/No To:

1.

The Vigilance Commissioner, Secretariat, Chennai - 600 009.

2.

The Secretary to Government, Tourism Culture and Endowment Department, Secretariat, Chennai - 600 009.

3.

The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Nungambakkam High Road, Chennai - 34. 4.

The Deputy Inspector General of Police, Salem.

5.

The Deputy Superintendent of Police, Vigilence and Anti-corruption, Anti-corruption Department, Salem.

5/7

6.

The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Salem.

7.

K.S.Mangairkarasi, Former Joint Commissioner, Hindu Religious and Charitable Endowment Department, Salem, Presently Now as Joint Commissioner / Executive Officer, Arulmigu Ramanathaswami Temple, Rameshwaram.

8.

The Executive Officer, Arulmigu Kothandaramaswami Thirukoil, Ayothiapattinam, Valapadi Taluk, Salem District.

9.

P.Suresh Kumar, Former Executive Officer, Arulmigu Kothandaramaswami Thirukoil, Ayothiapattinam, Valapadi Taluk, Salem District, Now working at Arulmigu Balasubramaniaswami Temple, Vadachennimalai, Attur Taluk, Salem District. 6/7

M.DHANDAPANI , J.

skt 20.09.2024 7/7