Ramalingam v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 12.03.2021 CORAM :

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.6377 of 2021 Ramalingam ... Petitioner Vs.

1.

The Commissioner, Hindu Religious & Charitable Endowment, Uttamar Gandhi Salai, Nungambakkam, Chennai 600 034.

The Joint Commissioner, Hindu Religious & Charitable Endowment (Admin), Kancheepuram, Kancheepuram District.

The Assistant Commissioner, Hindu Religious & Charitable Endowment, Chengalpattu, Chengalpattu District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the 2nd Respondent to consider the Petitioner's representation dated 01.02.2021.

For Petitioner :

Mr.A.P.Sathyamurthy For Respondents :

Mr.G.N.Jayantheeswari, Government Advocate (H.R. & C.E.)

O R D E R

Petitioner has come up with this Writ Petition seeking a direction to the 2nd Respondent to consider his representation dated 01.02.2021.

According to the Petitioner, his paternal ancestors were in possession and management of the Temple in his Village. As the Petitioner was nominated to Poojariship rights to hold office of Trusteeship, he claims entitlement to succeed to the office of Trusteeship in the line of succession of Vedagiri Naicker. In that regard, the Petitioner made a representation dated 01.02.2021 to the 2nd Respondent. Pending consideration of the same, the Petitioner has approached this Court. Heard the learned counsel on either side and perused the material documents available on record.

4.

Considering the facts and circumstances of the case, this Court directs the 2nd Respondent herein to consider the Petitioner's representation dated 01.02.2021 on merits and in accordance with law, after affording an opportunity of personal hearing to the Petitioner, and pass appropriate orders on the same, within a period of four months from the date of receipt of a copy of this order.

5.

Petitioner shall furnish his phone number, email ID, if any, etc., along with a copy of his representation and a copy of this order, to the 2nd Respondent forthwith. The 2nd Respondent is directed to communicate the decision taken on the said representation to the Petitioner herein within a period of three weeks from the date of decision taken thereon, by way of SMS/Email/Registered Post/Speed Post, so that, there is no need for the parties to file contempt after expiry of the specified period. In case, the authorities concerned fail to send communication to the parties, they will have to face civil imprisonment in case of contempt proceedings and, if they are unable to serve the order and the cover being returned unserved for one reason or the other, the same shall be kept in the file without opening it for the sake of proof of delivery, so that the parties, at a later point of time, will not take a plea that he/she is not aware of the order of this Court. With the above direction and observation, this Writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar (aeb)

To:

1.

The Commissioner, Hindu Religious & Charitable Endowment, Uttamar Gandhi Salai, Nungambakkam, Chennai 600 034.

The Joint Commissioner, Hindu Religious & Charitable Endowment (Admin), Kancheepuram, Kancheepuram District.

The Assistant Commissioner, Hindu Religious & Charitable Endowment, Chengalpattu, Chengalpattu District.

W.P.No.6377 of 2021 SKY(CO) CSR 01.04.2021