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Madras High CourtWP/31433/2014disposed of

S.Parameswaran, v. The Commissioner,

2015-02-03Honourable Mr Justice T. S. Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 03.02.2015

CORAM

THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM W.P. No.31433 of 2014 S.Parameswaran .. Petitioner Vs.

1.The Commissioner Hindu Religious and Charitable Endowment Department Nungambakkam, Chennai 600 034.

2.The Asst. Commissioner/Executive Officer Arulmighu Vanabadrakaliamman Temple Thekampatti, Nellithurai Post Mettupalayam Taluk Coimbatore District.

3.The Hereditary Trustee Arulmighu Vanabadrakaliamman Temple Thekampatti, Nellithurai Post Mettupalayam Taluk Coimbatore District.

.. Respondents PRAYER : Petition filed Under Article 226 of the Constitution of India praying to issue Writ of mandamus to direct the respondents to consider and pass orders on the representations of the petitioner dated 26.2.2015, 10.04.2014, 25.7.2014 and 30.10.2014. For Petitioner : Mr.K.J.Parthasarathy For Respondents : Mr.M.L.Mahendran - R1 & 2 Govt. Advocate Mr.V.Selvaraj - R3

O R D E R

By consent of the learned counsel on either side, the writ petition is taken up for final disposal.

2.Heard Mr.K.J.Parthasarathy, learned Counsel appearing for the petitioner and M.L.Mahendran, learned Government Advocate,

appearing for the respondents 1 & 2 and Mr.V.Selvaraj, learned counsel for the third respondent.

3.The petitioner has come forward with this Writ Petition seeking for issuance of a writ of mandamus to respondents to consider and pass orders on the representations of the petitioner dated 26.2.2015, 10.04.2014, 25.7.2014 and 30.10.2014, wherein he claims poojari's share in the sale of Archanai tickets,etc. 4.The petitioner referred to the earlier direction issued by this Court in W.P.No.4529 of 1999 dated 22.03.1999, filed by one S.Jothimani, by which a direction was issued to consider the representation and the Commissioner has passed an order on 3.10.2003, to disburse the share in the collection of Archanai Tickets, as per the procedure.

5.The petitioner has made several representations to the third respondent.

Since earlier an order was passed by the Commissioner, it is appropriate to direct second respondent to call for a report from the third respondent as regards the claims made by the petitioner and after considering the report submitted and after affording an opportunity to the writ petitioner, the second respondent shall pass a reasoned orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

The Writ Petition is disposed of accordingly. No costs. Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar rpa To 1.The Commissioner Hindu Religious and Charitable Endowment Department Nungambakkam, Chennai 600 034.

2.The Asst. Commissioner/Executive Officer Arulmighu Vanabadrakaliamman Temple Thekampatti, Nellithurai Post Mettupalayam Taluk Coimbatore District.

3.The Hereditary Trustee Arulmighu Vanabadrakaliamman Temple Thekampatti, Nellithurai Post Mettupalayam Taluk Coimbatore District.

1 cc to Mr.K.J. Parthasarathy, Advocate, Sr. 5611 1 cc to Government Pleader, Sr. 5827 W.P. No.31433 of 2014 SCD (CO) kk 10/2