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Madras High CourtWP/27380/2013disposed of

A.V.Rajan v. The Commissioner

2020-01-03Honourable Mr Justice Abdul Quddhose3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.01.2020

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P. No.27380 of 2013 and MP No.1 of 2013 A.V.Rajan ...

Petitioner Vs

1. The Commissioner Hindu Religious and Charitable Endowment Administration Department, Mahatma Gandhi Road, Nungambakkam, Chennai - 34.

2. The Joint Commissioner Hindu Religious and Charitable Endowment Administration Department, Mahatma Gandhi Road, Chennai - 34.

3. The Deputy Commissioner Hindu Religious and Charitable Endowment Administration Department, Mahatma Gandhi Road, Chennai - 34.

....

Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to enquire into the representations dated 26.07.2012 and 06.05.2013.

For petitioner : Ms.R.Poornima For respondents: Mr.M.Maharaja, Special Govt. Pleader - HR & CE for R1 to R3

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the respondents to enquire into the petitioner's representations dated 26.07.2012 and 06.05.2013.

2. It is the case of the petitioner that he is a devotee of Arulmighu Sri Prasanna Venkatesa Perumal Temple in Mettupalayam, Chennai - 600 033.

It is his case that gold jewels and silver articles belonging to the aforesaid temple are missing. Therefore, he gave representations, dated 26.07.2012 and 06.05.2013 to the respondents calling them to investigate the matter.

According to the petitioner, despite those representations, the respondents have not taken any action. In such circumstances, this writ petition has been filed.

3. Heard Ms.R.Poornima, learned counsel for the petitioner and Mr.M.Maharaja, learned Special Government Pleader appearing for the respondents.

4. Admittedly, the respondents have received the representations dated 26.07.2012 and 06.05.2013 sent by the petitioner relating to the missing gold ornaments and silver articles at Arulmighu Sri Prasanna Venkatesa Perumal Temple in Mettupalayam, Chennai - 600 033. Despite those representations, the respondents have not investigated the complaint lodged by the petitioner. Since, the complaint given by the petitioner is serious in nature, the respondents ought to have investigated the matter.

5. In the above circumstances, this Court directs the respondents to enquire into the petitioner's representation dated 26.07.2012 and 06.05.2013 with regard to the missing of gold ornaments and silver articles at Arulmighu Sri Prasanna Venkatesa Perumal Temple in Mettupalayam, Chennai - 600 033, within a period of eight weeks from the date of receipt of a copy of this order. After such investigation, the respondents are directed to furnish a copy of the investigation report to the petitioner. It is also made clear that the petitioner shall also be given sufficient opportunity to participate in the enquiry proceedings including granting him the right of personal hearing.

6. With the above directions, the writ petition stands disposed of. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar vsi2 To 1.The Commissioner Hindu Religious and Charitable Endowment Administration Department, Mahatma Gandhi Road, Nungambakkam, Chennai - 34.

2.The Joint Commissioner Hindu Religious and Charitable Endowment Administration Department, Mahatma Gandhi Road, Chennai - 34.

3.The Deputy Commissioner Hindu Religious and Charitable Endowment Administration Department, Mahatma Gandhi Road, Chennai - 34.

+1cc to Mrs.R.Poornima, Advocate SR.795 +1cc to Spl Govt.Pleader (HR & CE) SR.1030 W.P. No.27380 of 2013 PA(CO) CB(14/02/2020)