R.Selvam v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:10.03.2023

CORAM

THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN R.Selvam, aged about 45 years Son of Radhakrishnan Hereditary Trustee of Arulmighu Sri Muthiayah Swamy Kovil, Perumulai, Thittakudi Taluk - 606 106, Cuddalore District.

... Petitioner Vs.

1.The Commissioner, Hindu Religious & Charitable Endowments Department, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai 600 034.

2.The Joint Commissioner, Hindu Religious & Charitable Endowments Department, Cuddalore District, Cuddalore.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the first Respondent herein to consider the representation dated 17.11.2022 submitted by the Writ Petitioner herein on its merits within the time stipulated by this Court, pending disposal of the Writ Petition.

For Petitioner : Mr.L.Swaminathan 1/4

For Respondent : Mr.K.Karthikeyan Government Advocate (HR & CE)

O R D E R

This Writ Petition has been filed seeking direction to the first Respondent herein to consider the representation dated 17.11.2022 submitted by the Writ Petitioner, within the time stipulated by this Court, pending disposal of the Writ Petition.

2.Heard the learned counsel appearing on behalf of the Petitioner and the learned Government Advocate (HR & CE) appearing on behalf of the Respondents.

3.The Petitioner is one of the Hereditary Trustee of Arulmighu Sri Muthiayah Swamy Kovil, Perumulai, Thittakudi Taluk, Cuddalore District and has submitted a representation dated 17.11.2022, to the 1st Respondent, informing about the pendency of Crl. A.No.45/2022 against the order dated 02.09.2022 made in C.C.No.1 of 2013 and not to entertain any representation given by Mr.M.Thanraj, S/o.Late Mani, seeking continuance in the post of Herediatary Trustee of Arulmigu Sri Muthiayah Swamy Kovil, Perumulai, 2/4

Thittakudi Taluk, Cuddalore District. The first Respondent forwarded the said representation dated 17.11.2022 to the second Respondent on 01.12.2022. Now the Petitioner come before this Court seeking direction to the first Respondent to consider his representation dated 17.11.2022. 4.Having regard to the submissions made by the learned counsel appearing on either side and taking into consideration the prayer sought for by the Petitioner, without expressing any opinion with regard to the merits of the case and without going into the rights of the parties, I am inclined to direct the Respondents to consider the Petitioner's representation dated 17.11.2022 and pass orders, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. 5.In fine, the Writ Petition is allowed to the extent indicated above. No costs.

10.03.2023 Index : Yes/No : Yes/No Speaking Order/Non-Speaking Order sai 3/4

RMT.TEEKAA RAMAN.J, sai To 1.The Commissioner, Hindu Religious & Charitable Endowments Department, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai 600 034.

2.The Joint Commissioner, Hindu Religious & Charitable Endowments Department, Cuddalore District, Cuddalore.

Dated: 10.03.2023 4/4