Naidu Sangam, v. The Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.08.2017
CORAM
THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.22583 of 2017 Naidu Sangam Regn. No.38/1982, rep by its Secretary R.Sarangapani Naidu, No.46/83, Sankara Naidu Street, Thirupathiripullyur, Cuddalore - 2.
... Petitioner Vs.
1. The Commissioner, Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai - 600 034.
2. The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Villupuram.
3. The Executive Officer, Arulmigu Varadaraja Perumal and Arulmigu Kodhandaramasamy Temple, Thirupathiripullyur, Cuddalore - 2.
... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the respondents to appoint non-hereditary trustees to the Arulmigu Varadaraja Perumal and Arulmigu Kodhandaramasamy Temples situated at Thirupathiripullyur, Cuddalore from and among the members of the petitioner Society based on its proposal as per Scheme dated 12.04.1987 by considering the petitioner's representation dated 14.07.2016 within a reasonable time.
For Petitioner : Mr.N.Sathiamoorthi For Respondents : Mr.M.Maharaja, Special Government Pleader (HR & CE)
O R D E R
Mr.M.Maharaja, learned Special Government Pleader (HR & CE) takes notice for the respondents. By consent, the main writ petition is taken up for disposal at the admission stage itself.
2.The petitioner has filed the above Writ Petition to issue a writ of mandamus directing the respondents to appoint non-hereditary trustees to the Arulmigu Varadaraja Perumal and Arulmigu Kodhandaramasamy Temples situated at Thirupathiripullyur, Cuddalore from and among the members of the petitioner Society based on its proposal as per Scheme dated 12.04.1987 by considering the petitioner's representation dated 14.07.2016 within a reasonable time. 3.Mr.N.Sathiamoorthi, learned counsel appearing for the petitioner submitted that though the petitioner has given a representation to the 2nd respondent as early as on 14.07.2016, the 2nd respondent has not passed any order so far. 4.Mr.M.Maharaja, learned Special Government Pleader appearing for the respondents submitted that the 2nd respondent may be directed to pass orders on the petitioner's representation in accordance with law within a period of three months.
5.Having regard to the submissions made by the learned counsel on either side, without expressing any opinion with regard to the merits of the case, I direct the 2nd respondent to consider the petitioner's representation dated 14.07.2016 and pass orders in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. 6.With these observations, the Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar va To
1. The Commissioner, Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai - 600 034.
2. The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Villupuram.
3. The Executive Officer, Arulmigu Varadaraja Perumal and Arulmigu Kodhandaramasamy Temple, Thirupathiripullyur, Cuddalore - 2.
+1cc to Mr.N.Sathiamoorthi, Advocate, S.R.No.60613 +1cc to the Government Pleader, S.R.No.61123 W.P.No.22583 of 2017 CS V CA(31/08/2017)