P.Sakthivel v. The Joint Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.02.2022

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI Writ Petition No.2345 of 2022 P.Sakthivel .. Petitioner Vs.

The Joint Commissioner Hindu Religious and Charitable Endowments Department Trust Hospital Building 20 F, Chinnamuthu street Perundurai Road Erode-638 001.

.. Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondent to take necessary action on the petitioner's representation dated 22.08.2021 within the time limit.

For Petitioner : Mr.V.P.K.Gowtham For Respondent : Mr.S.Yashwanth Additional Government Pleader (HR and CE)

ORDER

Writ Petition is filed for issuance of a Writ of Mandamus directing the respondent to take necessary action on the petitioner's representation dated 22.08.2021 within the time limit as fixed by this Court.

2.By consent of both the learned counsel appearing for the petitioner as well as Mr.S.Yashwanth, the learned Additional Government Pleader, who takes notice for the respondent, the Writ Petition is taken up for final disposal at the stage of admission itself.

3.According to the petitioner, Arulmighu Bagavathiamman Temple is a denomination temple belonging to Narambukatti Gounders belonging to Kanakkampalayam village. A scheme for administration of the temple was framed by the order dated 28.10.1991 made in O.A.No.26 of 1988 by the Deputy Commissioner, https://hcservices.ecourts.gov.in/hcservices/

Hindu Religious and Charitable Endowment Department and the same was published in the Official Gazette on 28.11.1991. As per the scheme, the temple should be administrated by a Board of Trustees not less than three and not more than five. Even though the scheme was published in the Official Gazette, the respondent should call for application of eligible persons to be appointed as the Trustees and to constitute a Trust Board by appointing the Trustees from the eligible applicants as per the scheme framed. In spite of repeated request made on behalf of the community members of the petitioner, the applications for appointment of Trustees were not called for and the Trustees were not appointed as per the scheme. Hence, the petitioner has sent a representation dated 22.08.2021 to the respondent. Since no order was passed on the said representation, the present Writ Petition is filed.

4.The learned Additional Government Pleader appearing for the respondent submitted that already steps have been taken to call for the applications for appointment of the Trustees and it will be finalised within a period of 12 weeks. 5.Considering the above submissions, the respondent is directed to consider the representation of the petitioner dated 22.08.2021 and pass orders on merits and in accordance with law, after giving opportunity to the petitioner and others if any, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

6.With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar kj To The Joint Commissioner Hindu Religious and Charitable Endowments Department Trust Hospital Building 20 F, Chinnamuthu street Perundurai Road Erode-638 001.

+1cc to the Government Pleader, S.R.No.10520 W.P.No.2345 of 2022 AK-II(CO) SB(03/03/2022) https://hcservices.ecourts.gov.in/hcservices/