Madras High CourtWP/31464/2017disposed of

M/S.Srimath Subburayar v. The Commissioner,

2017-12-05Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.12.2017

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.31464 of 2017 M/s.Srimath Subburayar Swamigal Charitable Trust Represented by its Secretary Mr.K.S.Sachidhanandham No.1, Muruga Mudali Street Vizhapallam, Kurinjipadi - 607 302.

Cuddalore District.

.. Petitioner versus 1.The Commissioner Hindu Religious and Charitable Endowments Nungambakkam, Chennai-600 032.

2.The Joint Commissioner Hindu Religious and Charitable Endowments Villupuram District, Villupuram.

3.The Asst. Commissioner Hindu Relgious and Charitable Endowments Cuddalore District, Cuddalore.

4.A/M.Subramania Swamy Thirukoil @ Subburayar Koil Singapuri by its Executive Officer Vadalore, Cuddalore District.

Respondents Writ petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, to direct the 1st respondent to consider the representation of the petitioner dated 21.03.2017 to recognize that the petitioner's trust members are the hereditary trustee and Hereditary Archakas of Srimath Subburaya Swamigal Temple.

For Petitioner : Mr.N.Selvaraju For Respondents : Mr.M.Maharaja Special Government Pleader for R1 to R3

O R D E R

Mr.M.Maharaja, learned Special Government Pleader takes notice for the respondents 1 to 3. By consent of the parties, the main writ petition itself is taken up for final disposal at the admission stage itself.

2. Heard both sides.

3. The petitioner seeks for a Mandamus directing the first respondent to consider their representation dated 21.03.2017, wherein and whereby they sought for appointing the legal heirs of the members of the petitioner trust as Hereditary Trustees and Hereditary Archakas of the Srimath Subburaya Swamigal Temple.

4. The grievance of the petitioner is that the said representation has not been considered so far. At this stage, this Court, is not expressing any view on the merits of the claim made by the petitioner, as it is for the first respondent to consider and decide the same on merits and in accordance with law. Accordingly, the writ petition is disposed of, only by directing the first respondent to consider the representation of the petitioner dated 21.03.2017 and pass orders on the same on merits and in accordance with law, after hearing the rival claimants, if any. Such exercise shall be done by the first respondent within a period of eight weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar mk To 1.The Commissioner Hindu Religious and Charitable Endowments Nungambakkam, Chennai-600 032.

2.The Joint Commissioner Hindu Religious and Charitable Endowments Villupuram District, Villupuram.

3.The Asst. Commissioner Hindu Relgious and Charitable Endowments Cuddalore District, Cuddalore.

+1cc to Mr.N.Selvaraju, Advocate, S.R.No.85753 +1cc to the Government Pleader, S.R.No.86625 W.P.No.31464 of 2017 SV(CO) RRK(18/12/2017)