G.Anusyadevi v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.03.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.6408 of 2018 Mrs.G.Anusyadevi W/o.Mr.A.Govindaraj .. Petitioner Vs.

1.The Commissioner Nungambakkam, Chennai-600 034.

2.The Joint Commissioner Dr.Balasundaram Salai Coimbatore - 641 018.

3.The Assistant Commissioner Coimbatore.

.. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to consider the petitioner's representation given on 18.01.2018 requesting to recognise the petitioner as Hereditary Trustee as a successor in line to the petitioner's deceased brother C.V.Rajendran for "A/m Bannari Mariamman Temple" situated at Bannari, Sathy Taluk, Periyar District. For Petitioner : Mrs.G.Preethy For Respondents : Mr.M.Maharaja Special Government Pleader Assisted by Mr.J.Purushothaman Government Advocate

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. The petitioner seeks for a mandamus directing the respondents to consider her representation dated 18.01.2018, wherein and whereby, she requested the respondents to recognize her as Hereditary Trustee as a successor in line to the petitioner's deceased brother C.V.Rajendran for Arulmigu Bannari Mariamman Temple situated at Bannari, Sathy Taluk, Periyar District.

3. Heard Mrs.G.Preethy, learned counsel for the petitioner and Mr.M.Maharaja, learned Special Government Pleader for the respondents.

4. The petitioner claims to recognise her as a Hereditary Trustee of the Arulmigu Bannari Mariamman Temple situated at Bannari, Sathy Taluk, Periyar District.

5. Needless to say that it is for the respondents to consider such claim and pass appropriate orders, as this Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner. However, as it is stated that the petitioner sent a representation on 18.01.2018, and the same is still pending, the second respondent shall consider the said representation and pass orders on the same on merits and in accordance with law, after giving due opportunity of hearing to the petitioner. Such exercise shall be done by the second respondent within a period of four weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar mk To 1.The Commissioner Nungambakkam, Chennai-600 034.

2.The Joint Commissioner Dr.Balasundaram Salai Coimbatore - 641 018.

3.The Assistant Commissioner Coimbatore.

+1 CC TO MR.V.S.Usha rani, Advocate SR. No.21532 +1 CC TO The government Pleader SR.NO.22480 W.P.No.6408 of 2018 AK(CO) RMP(03/04/2018)