K.Ramasamy v. The Joint Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.04.2022

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI Writ Petition No.10446 of 2022 and W.M.P.No.10151 of 2022 K.Ramasamy ..Petitioner Vs.

1. The Joint Commissioner Hindu Religious and Charitable Endowments Department Salem - 636 001.

2. The Assistant Commissioner Hindu Religious and Charitable Endowments Department Salem - 636 001.

3. The Fit Person A/m Velayuthasamy temple Vattamalai, Katheri Village Sankakiri Taluk, Salem District.

..Respondents Prayer:Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the 1st respondent to dispose of the petitioner's application for modification of the scheme in O.A.No.15 of 2020 dated 18.09.2020 pending before the 1st respondent, before the appointment of trustees to A/m Velayuthasamy temple, Katheri village, Sankagiri Taluk, Salem District by the 2nd respondent.

For Petitioner : Mr.I.Abrar Md.Abdullah For R1 and R2 : Mr.N.R.R.Arun Natarajan Special Government Pleader

O R D E R

Writ Petition is filed for a direction to the 1st respondent to dispose of the petitioner's application for modification of the scheme in O.A.No.15 of 2020 dated 18.09.2020 pending before the 1st respondent, before the appointment of trustees to A/m

Velayuthasamy temple, Katheri village, Sankagiri Taluk, Salem District, by the 2nd respondent.

2.By consent of both the learned counsel appearing for the petitioner as well as Mr.N.R.R.Arun Natarajan, the learned Special Government Pleader, who takes notice for the respondents 1 and 2, the Writ Petition is taken up for final disposal at the stage of admission itself.

3.Heard the learned counsel appearing for the petitioner as well as the learned Special Government Pleader appearing for the respondents 1 and 2 and perused the entire materials on record. 4.According to the petitioner, he is the devotee of Arulmighu Velayuthaswamy temple. The 1st respondent by the order dated 10.12.2007 made in O.A.No.16 of 2001 framed a scheme for administration of the temple without giving any opportunity by way of public notice. The scheme so framed was kept in dark and as per the scheme, the petitioner is not eligible to be appointed as Non-Hereditary Trustee. Hence, the petitioner and others filed O.A.No.15 of 2020 before the 1st respondent for modification of the scheme framed by the 1st respondent. The said O.A. is still pending. Now the 2nd respondent is taking steps to appoint new trustees. Hence, the petitioner has come out with the present Writ Petition.

5.From the materials on record, it is seen that petitioner and two others filed O.A.No.15 of 2020 under Section 64(5)(a) of Hindu Religious and Charitable Endowments Act, 1959 for modification of the scheme framed by the 1st respondent for management and administration of the temple and the same is pending from the year 2020. Considering the long pendency of the said O.A. from the year 2020, 1st respondent is directed to consider O.A.No.15 of 2020 filed by the petitioner and others and pass orders on merits and in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order, after giving opportunity to the petitioner and others.

6.With the above directions, the writ petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar kj

To

1. The Joint Commissioner Hindu Religious and Charitable Endowments Department Salem - 636 001.

2. The Assistant Commissioner Hindu Religious and Charitable Endowments Department, Salem - 636 001.

3. The Fit Person A/m Velayuthasamy temple Vattamalai, Katheri Village Sankakiri Taluk Salem District.

+1cc to the Government Pleader, S.R.No.28713 W.P.No.10446 of 2022 and W.M.P.No.10151 of 2022 SSD(CO) RGA(24/05/2022)