Smt.K.Ambika, Advocate, v. The Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.12.2018
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.4916 of 2011 and MP. No.1 of 2011 K.Ambika .. Petitioner vs.
1.The Commissioner, Hindu Religious and Charitable Endowments Board, Uthamar Gandhi Road, Nungambakkam, Chennai -34.
2.The Joint Commissioner, Hindu Religious and Charitable Endowments Board, Uthamar Gandhi Road, Nungambakkam, Chennai -34.
3.C.Manivanan .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the first and second respondents herein to initiate appropriate disciplinary proceedings against the third respondent from acting as Executive Officer of Arulmighu Angalaparameswari & Kasivishwanathar Temple, Choolai, Chennai 112.
For Petitioner : Mr.K.P.Chandrasekaran For Respondents : Mr.M.Maharaja, Special Government Pleader (HR & CE) for R1 & R2 No Appearance for R3.
ORDER
This writ petition has been preferred by the petitioner to direct the first and second respondents to initiate disciplinary
proceedings against the third respondent from acting as an Executive Officer of Arulmighu Angalaparameswari & Kasivishwanathar Temple, Choolai, Chennai 112.
2. According to the learned counsel for the petitioner, Arulmighu Angalaprameswari & Kasivishwanathar Temple, Choolai, Chennai 112 is a scheme Temple under the HR & CE Act. The petitioner is a member of Viswakarma Community. The third respondent who is an Executive Officer of Arulmighu Angalaparameswari & Kasivishwanathar Temple, has committed forgery of the signatures of the Managing Trustee and also committed misappropriation of the Temple Properties. Therefore, the petitioner has filed this writ petition making allegations against the third respondent to safeguard the interest of the temple and its properties and funds.
3. None appeared for the third respondent and no counter has been filed by the respondents.
4. It is seen that a complaint was made before the first respondent by representation dated 02.02.2010, by Managing Trustee and other Trustees of Arulmighu Angalaparameswari & Kasivishwanathar Temple and further communication was sent by the Commissioner to the Joint Commissioner by letter No.068260/2010/T2/dated 12.11.2010, on the basis of the another complaint dated 12.11.2010 made by one Thiyagarajan to take necessary Disciplinary Action against the third respondent.
5. By considering the said representation as well as the communication sent to the Joint commissioner on the basis of the complaint dated 12.11.2010 made by the said Thiyagarajan, the first respondent is directed to consider the petitioner's representation dated 02.02.2010 and pass appropriate orders on merits in accordance with law as expeditiously as possible preferably within a period of twelve (12) weeks from the date of receipt of a copy of this order after providing opportunity to the parties concerned.
6. Accordingly, this Writ Petition is disposed of with above direction. Consequently, connected miscellaneous petition is closed. No costs.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar
rkp To 1.The Commissioner, Hindu Religious and Charitable Endowments Board, Uthamar Gandhi Road, Nungambakkam, Chennai -34.
2.The Joint Commissioner, Hindu Religious and Charitable Endowments Board, Uthamar Gandhi Road, Nungambakkam, Chennai -34.
+1 cc to Mr.K.P.Chandrasekaran, Advocate Sr.No.89203 +1 cc to The Government Pleader, Sr.No.89811 W.P.No.4916 of 2011 SPD(CO) CSL/29.01.2019