Sri Devi Gangai Amman Thirukoil v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated :30.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR W.P.No.3242 of 2025 and W.M.P.No.3591 of 2025 Sri Devi Gangai Amman Thirukoil Vazhipattu Kuzhu Trust, Rep By Its President, B.Rajaguru, Having An Administrative Office At No.12, First Street, Malanganandhapuram, Jamin Pallavaram, Chennai -43.
... Petitioner Vs.
1.The Commissioner Hindu Religious And Charitable Endowments Department, Nungambakkam, Chennai - 34.
2.The Joint Commissioner Kanchipuram, Kanchipuram Taluk And District.
3.The Assistant Commissioner Chengalpattu 631 001.
4.The Fit Person A/m.Sri Devi Gangai Amman Thirukoil, Malanganandhapuram, Jamin Pallavaram, Chennai- 600 043. Having An Administrative Office At A/m. Renganatha Perumal Thirukoil Premises, Thiruneermalai, Chennai -43. ... Respondents
Prayer: Writ petition filed under Article 226 of Constitution of India seeking for issuance of Writ of Mandamus, directing the 2nd Respondent to number the petitioners petition filed on 16-12-2024 (sent through RPAD ) Under Section 64 (1) of Hindu Religious and Charitable Endowments Act and to dispose of it within a reasonable time and the consequential relief not to appoint trustees to A/M Sri Devi Gangai Amman Thirukoil, Malanganandhapuram, Jamin Pallavaram, Chennai - 600 043 by the 3rd Respondent till the disposal of the petition.
For Petitioner : Mr.R.Mahalingam For Respondents : Mr.N.R.R.Arun Natarajan Special Government Pleader (HR & CE)
ORDER
The petitioner herein seeks a direction to 2nd respondent to number the petitioner's application dated 16.12.2024 filed under Section 64(1) of HR & CE Act seeking framing of scheme for A/m. Sri Devi Gangai Amman Thirukoil, Malanganandhapuram, Jamin Pallavaram, Chennai - 600 043. The petitioner also seeks a consequential relief not to appoint trustees to the above said temple.
2. It is not in dispute that petitioner filed application for framing of scheme for the above mentioned temple under Section 64(1) of HR & CE Act and the same was sent to the 2nd respondent through RPAD.
3. A perusal of the typed set of papers would indicate that application was received by the Joint Commissioner on 26.12.2024 as per the post acknowledgement card included in the typed set of papers. Therefore, without going into the merits of the claim made by the petitioner, the 2nd respondent is directed to number the said application, if it is in order within a period of two weeks from the date of receipt of copy of this order. After numbering of the same, the same shall be disposed of in accordance with law within a period of six months after issuing notice to the petitioner and other necessary parties.
4. Though the petitioner sought for the relief directing the official respondents not to appoint the trustees for the temple in the meantime, the learned Special Government Pleader (HR & CE) for the respondents submitted that non-hereditary trustees were already
appointed to the said temple and the 1st meeting of the trust board was conducted on 08.01.2025. The said statement made by the learned Special Government Pleader (HR & CE) for the respondents is recorded. In view of the same, this Court is not inclined to issue any direction with regard to the appointment of the non-hereditary trustees.
5. With the above observations, this writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed.
30.01.2025 Index:Yes/No Internet:Yes/No nr To 1.The Commissioner Hindu Religious And Charitable Endowments Department, Nungambakkam, Chennai - 34.
2.The Joint Commissioner Kanchipuram, Kanchipuram Taluk And District.
3.The Assistant Commissioner Chengalpattu 631 001.
4.The Fit Person A/m.Sri Devi Gangai Amman Thirukoil, Malanganandhapuram, Jamin Pallavaram, Chennai- 600 043. Having An Administrative Office At A/m. Renganatha Perumal Thirukoil Premises, Thiruneermalai, Chennai -43
S.SOUNTHAR, J.
nr W.P.No.3242 of 2025 and W.M.P.No.3591 of 2025 30.01.2025