K.M.Ponnusamy v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.12.2017
CORAM
THE HONOURABLE MR.JUSTICE K. RAVICHANDRABAABU W.P.No.33032 of 2017 and WMP.No.36405 of 2017 K.M.Ponnusamy S/o.Marappa Gounder ... Petitioner versus 1.
The Commissioner Hindu Religious Charitable Endowment Department 119, Uthamar Gandhi Salai Nungambakkam, Chennai Tamil Nadu - 600 034.
2.
The Joint Commissioner Hindu Religious Charitable Endowment Department Commercial Tax Building, Ground Floor, Dr.Balasundaram Salai, Coimbatore Central, Coimbatore -641 018.
3.
The District Collector Collectorate Building State Bank Road, Gopalapuram Coimbatore.
...Respondents
Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to consider the representation of the petitioner dated 04.12.2017 in order to conduct the day-to-day poojas and administer the temple activities and to conduct festivals for the temple every year.
For Petitioner : M/s.Girija Velmurugan For Respondents: Mr.M.Maharaja Special Government Pleader for R1 & R2 Mr.A.Kumar Special Government Pleader for R3
O R D E R
Mr.M.Maharaja, learned Special Government Pleader takes notice for the respondents 1 and 2. Mr.A.Kumar, learned Special Government Pleader takes notice for the third respondent. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.
2. The petitioner seeks for mandamus directing the second respondent to consider his representation dated 04.12.2017, wherein and whereby he requested the HR & CE officials to hand over the temple keys to the petitioner claiming himself to be the Trustee of the temple viz., Kalapatti Arulmighu Shri Mariamman Temple, for the purpose of conducting cultural and administrative activities of the temple.
3. Earlier, the very same petitioner approached this Court and filed a writ petition in WP.No.27386 of 2017, seeking mandamus, directing the respondents to consider the representation dated 03.08.2017, in order to conduct the glorified temple car festival for the said temple. The said writ petition was disposed of on 25.10.2017 as withdrawn, however, by granting liberty to the petitioner to give representation before the appropriate and competent authority viz., The Joint Commissioner, HR & CE Department, Coimbatore. Consequently, the present representation is given by the petitioner, which is sought to be disposed of through his representation.
4. Therefore, without expressing any view on the merits of the claim made by the petitioner, I only direct the second respondent to consider the said representation of the petitioner and pass orders on the same in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To 1.
The Commissioner Hindu Religious Charitable Endowment Department 119, Uthamar Gandhi Salai Nungambakkam, Chennai Tamil Nadu - 600 034.
2.
The Joint Commissioner Hindu Religious Charitable Endowment Department Commercial Tax Building, Ground Floor, Dr.Balasundaram Salai, Coimbatore Central, Coimbatore -641 018.
3.
The District Collector Collectorate Building State Bank Road, Gopalapuram Coimbatore.
+1cc to MR.M.Velmurugan, Advocate SR.No.91189 +2cc to Government Pleader SR.No.90910, 91153 KS(CO) sm:4.1.2018 W.P.No.33032 of 2017