A.Somasundaramurthy v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.02.2023

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and W.M.P.No.3800 of 2023 A.Somasundaramurthy ... Petitioner Vs.

1.The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Nungambakkam High Road, Nungambakkam, Chennai - 600 034.

2.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, District Collectorate Campus, Kanchipuram District - 631 501.

3.B.Paranthaman 4.Kumar Nattar ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the first and second respondents to monitor the Masanikollai Peruvizha Festival every year conducted at Arulmigu Pattanatthar Sri Angala Parameswari Amman Temple Perumal Naicken Street, Big Kanchipuram, Kanchipuram District particularly with regard to accountability of the funds collected from the Devotees and the public and to restrict the malpractice of the 3rd and 4th respondents herein considering petitioner's representation dated 01.02.2023 in accordance with law.

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For Petitioner : Ms.Karthikaa Ashok For Respondents : Mr.K.Karthikeyan, for RR1 & 2 Government Advocate

O R D E R

This Writ Petition has been filed to direct the first and second respondents to monitor the Masanikollai Peruvizha Festival every year conducted at Arulmigu Pattanatthar Sri Angala Parameswari Amman Temple Perumal Naicken Street, Big Kanchipuram, Kanchipuram District particularly with regard to accountability of the funds collected from the Devotees and the public and to restrict the malpractice of the third and fourth respondents herein by considering the petitioner's representation dated 01.02.2023.

2.

Mr.K.Karthikeyan, learned Government Advocate (HR & CE), takes notice for the respondents 1 and 2.

3.

When this Court is not inclined to entertain the writ petition, since the temple is not notified under HR & CE Act and it appears that there is some dispute between the petitioner and the private respondents in managing the temple, which is not under the control of HR & CE, at this stage, the learned counsel for the petitioner 2/4

pleads before this Court that atleast her representation to be considered by the authorities.

4.

Considering the submission of the learned counsel for the petitioner, there shall be a direction to the first respondent to consider the representation of the petitioner dated 01.02.2023, to conduct an enquiry, after giving opportunity to the petitioner and private respondents 3 and 4 and pass orders, strictly in accordance with.

5.

With the above observation, this Writ Petition is disposed of. Consequently, connected miscellaneous petition is closed. No costs. 09.02.2023 Index :Yes/No AT To 1.The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Nungambakkam High Road, Nungambakkam, Chennai - 600 034.

2.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, District Collectorate Campus, Kanchipuram District - 631 501.

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N.SATHISH KUMAR, J.

AT W.P.No.3718 of 2023 and W.M.P.No.3800 of 2023 09.02.2023 4/4