P.Ponnusamy v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY P.Ponnusamy ... Petitioner Vs.

1.The Commissioner Department of Hindu Religious & Charitable Endowments (HR & CE), No.19, Uthamar Gandhi Salai, Nungambakkam.

2.The Joint Commissioner Department of Hindu Religious & Charitable Endowments (HR & CE), Erode Distirct.

3.The Deputy Commissioner Department of Hindu Religious & Charitable Endowments (HR & CE), Erode District.

4.The Assistant Commissioner, Department of Hindu Religious and Charitable Endowments, Erode District.

(R4-suo-motu impleaded by this Court vide order dated 27.03.2025) ....Respondents 1/6

Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to appoint a fit person/THAKKAR" for the Arulmigu Sri Mariyamman Temple and Vinayagar Temple which is situated at Sanipatti Village by considering the petitioner's representation dated 14.10.2024 by complying Section 49 of HR & CE Act, 1959 within a stipulated period of time fixed by this Court. For Petitioner : Mr.M.Dinesh For Respondents : Mr.K.Karthikeyan for R1 to R4 Government Advocate (HR & CE)

ORDER

In view of the nature of the submissions that are made while hearing the Writ Petition, the Assistant Commissioner, Department of Hindu Religious and Charitable Endowments, Erode District, is suo-motu impleaded as the fourth respondent.

2. Upon hearing the learned counsel for the petitioner and the 2/6

learned Government Advocate appearing on behalf of the respondents and perusing the material records of the case, the petitioner has made a representation dated 14.10.2024. By the said representation, he has pointed out the mismanagement and the cases in respect of Sri Arulmigu Mariamman Temple and Vinayagar Temple situated in Sanipatti Village. The learned Government Advocate also submits that the matter is under consideration by the fourth respondent.

3. In view thereof, this Writ Petition is disposed of on the following terms;

(i) The representation of the petitioner dated 14.10.2024 shall be taken up for enquiry by the fourth respondent;

(ii) The petitioner shall also appear before the fourth respondent on 16.04.2025 or any such date thereafter intimated by the fourth respondent. The fourth respondent shall conduct an enquiry and if necessary, issue notice to any other third party. The fourth respondent can also issue notice and 3/6

pass appropriate orders in accordance with law. The said exercise shall be completed within a period of 8 weeks from the date of appearance of the petitioner. The party shall act upon production of web copy of the order without waiting for the certified copy of the order.

(iii) No costs.

27.03.2025 dna To 1.The Commissioner Department of Hindu Religious & Charitable Endowments (HR & CE), No.19, Uthamar Gandhi Salai, Nungambakkam.

2.The Joint Commissioner Department of Hindu Religious & Charitable Endowments (HR & CE), Erode Distirct.

3.The Deputy Commissioner Department of Hindu Religious & Charitable Endowments (HR & CE), Erode District.

4.The Assistant Commissioner, Department of Hindu Religious and Charitable Endowments, 4/6

Erode District.

5/6

D.BHARATHA CHAKRAVARTHY , J.

dna 27.03.2025 6/6