K. Krishnan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 23.01.2017

CORAM

THE HONOURABLE MR. JUSTICE B.RAJENDRAN W.P. No.14081of 2016 and WMP.No.21748 of 2016 K.Krishnan .. Petitioner

Versus

1.The District Collector, O/o.The District Collector, 2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, 3.The Superintendent of Police, 4.Kandasamy 5.Shanmugam 6.Palani .. Respondents PRAYER : Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to dispose of the petitioner's representation dated 22.12.2015 and consequently, directing 2nd respondent to pass orders for take over and administration of the Arulmighu Poondi Mariamman Thiru Koil.

For Petitioner : Mr.S.Manoharan For R1 & R3 : Mr.A.Kumar Spl.Govt.Pleader For R2 : Mr.M.Maharaja Spl.Govt.Pleader(H.R.& C.E.)

O R D E R

This writ petition has been filed to issue a writ of Mandamus directing the respondents to dispose of the petitioner's representation dated 22.12.2015 and consequently,

directing 2nd respondent to pass orders for take over and administration of the Arulmighu Poondi Mariamman Thiru Koil.

2. According to the petitioner, he is a devotee of Arulmighu Poondi Mariamman Thirukoil, situate at Poondi Village, Thiruvallur Taluk, Thiruvallur District. He would state that funds have been collected by respondents 4 to 6 from the public for conducting festival of the said temple. However, they have not issued any receipts to the public for collecting the amounts and they have misappropriated the funds. The petitioner has submitted a detailed representation dated 22.12.2015, on behalf of the village people to the respondents 1 to 3 to take action against the respondents 4 to 6 and also to take over the administration of the above said temple. Since, no response is forthcoming, the petitioner has come forward with the present writ petition.

3. Heard the submission of Mr.S.Manoharan, learned counsel appearing for the petitioner; Mr.A.Kumar, learned Special Government Pleader appearing for the respondents 1 and 3 and Mr.M.Maharaja, learned Spl.Govt.Pleader appearing for second respondent/H.R & C.E.

4. This Court, considering the facts and circumstances of this case, directs the respondents 1 to 3 to consider the representation of the petitioner dated 22.12.2015 after giving due notice to the concerned parties and pass appropriate orders, on merits and in accordance with law as expeditiously as possible, preferably within a period of three months from the date of receipt of copy of this order.

5.The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar To 1.The District Collector, O/o.The District Collector, 2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department,

3.The Superintendent of Police, +1cc to Govt Pleader SR. 4888 W.P.No.14081of 2016 and WMP.No.21748 of 2016 PVS(CO) VR(20/02/2017)