V.Nagaraj v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.No.5669 of 2025 V.NAGARAJ ... Petitioner Vs 1.
THE COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT, NO.119, UTHAMAR GANDHI SALAI, NUNGAMBAKKAM, CHENNAI-600 034.
2.
THE JOINT COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT, DR.BALASUNDARAM ROAD, COIMBATORE.
3.
THE ASSISTANT COMMISSIONER HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT, DR.BALASUNDARAM ROAD, COIMBATORE.
4.
RATHINA VADIVEL 5.
G.R.JAYAGOPINATH ... Respondents 1/6
Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the respondents 2 and 3 to appoint fit person for Administration and Management of the Arulmigu Sri Veeramatchiamman Temple Festival at Vadugapalayam, Pollachi Town and Taluk, Coimbatore District, in order to maintain proper administration and management and to protect the temple interest forthwith. For Petitioner : Mr.C.Prabakaran For R1 to R3 : Mr.N.R.R.Arun Natarajan Special Government Pleader For R4 & R5 : Mr.G.Jaisiva Ramaraj
ORDER
This writ petition is filed seeking a direction to the second and third respondents to appoint fit person for the Administration and Management of the Arulmigu Sri Veeramatchiamman Temple Festival at Vadugapalayam, Pollachi Town and Taluk, Coimbatore District in order to maintain proper administration and management and to protect the temple interest forthwith.
2. The contention of the petitioner is that the fourth and fifth respondents, who are managing the affairs of the temple, are mismanaging it and certain allegations have been made against them. 2/6
3. Mr.G.Jaisiva Ramaraj, the learned counsel seeks time to file vakalat on behalf of the fourth and fifth respondents and submits that he needs to get instructions and file a counter in the matter.
4. Mr.N.R.R.Arun Natarajan, the learned Special Government Pleader takes notice on behalf of the first to third respondents by placing written instructions on record submits that an enquiry has already been initiated with reference to the allegations and even the bank accounts have been directed to be frozen. Further enquiry will be conducted by issuing a new notice to the fourth and fifth respondents and hearing their version as well.
5. In view of the nature of relief sought and considering that the rights of the parties are not being determined by the order that is proposed to be passed, this writ petition is disposed of at the admission stage itself, without giving further opportunity to the learned counsel for the fourth and fifth respondents to file a counter.
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6. The third respondent is directed to proceed with the enquiry into the affairs of the said temple. It is needless to mention that, this Court is not pronouncing one way or the other on the allegations made and both the petitioner and, the fourth and fifth respondents shall place all materials before the third respondent during the course of the enquiry. The third respondent shall also take into consideration all the contentions of the parties and decide the matter in accordance with the law.
7. Needless to mention that the third respondent shall also consider the request regarding the ensuing temple festival and ensure that it is conducted under proper supervision. The third respondent shall ensure that the affairs of the temple are maintained properly and that the assets of the temple remain intact.
8. With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 14.02.2025 nsl 4/6
To 1.
THE COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT, NO.119, UTHAMAR GANDHI SALAI, NUNGAMBAKKAM, CHENNAI-600 034.
2.
THE JOINT COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT, DR.BALASUNDARAM ROAD, COIMBATORE.
3.
THE ASSISTANT COMMISSIONER HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT, DR.BALASUNDARAM ROAD, COIMBATORE.
5/6
D.BHARATHA CHAKRAVARTHY, J.
nsl 14.02.2025 6/6