G.Pasupathi v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.03.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY G.PASUPATHI ... Petitioner Vs 1.
THE COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENT DEPARTMENT (HR & CE) NO. 119, UTHAMAR GANDHI SALAI, NUNGAMBAKAM, CHENNAI - 600 034.
2.
THE ADDITIONAL COMMISSIONER, (EDUCATIONAL INSTITUTIONS), HINDU RELIGIOUS AND CHARITABLE ENDOWMENT DEPARTMENT (HR & CE) NO.119, UTHAMAR GANDHI SALAI, NUNGAMBAKAM, CHENNAI - 600 034.
3.
THE ASSISTANT COMMISSIONER CHENNAI RANGE - 1, HINDU RELIGIOUS AND CHARITABLE ENDOWMENT DEPARTMENT (HR & CE) 68, E.V.K SAMPATH MAALIGAI, 9TH FLOOR, DPI CAMPUS, COLLEGE ROAD, CHENNAI - 600 006.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the respondents to take over the Arulmigu Shree Mundaga Kanniyamman Thirukovil situated at Chennai District, Purasaiwakkam Taluk, Vepery Village, Puliyanthope, Sivarajapuram, Chennai - 12 under the administrative control of the HR & CE department to 1/5
ensure the smooth conduct regular of Poojas and the Aadi Thiruvizha festival. For Petitioner : Mr.Meera Gnanasekar For R1 to R3 : Mr.K.Karthikeyan Government Advocate (HR & CE)
ORDER
The prayer in the writ petition is to direct the respondent to take over the Arulmigu Shree Mundaga Kanniyamman Thirukovil situated at Chennai District, Purasaiwakkam Taluk, Vepery Village, Puliyanthope, Sivarajapuram, Chennai - 600 012.
2. Upon hearing the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents and perusing the affidavit filed in support of the writ petition and the material records of the case, the grievance of the petitioner seems to be that, with reference to the administration and conduct of festivals in respect of the Arulmigu Shree Mundaga Kanniyamman Temple located at Purasaiwakkam Taluk, Vepery Village, Puliyanthope, Sivarajapuram, Chennai - 600 012, there is a dispute among the persons with reference to the administration as well as the celebration of temple festivals. A criminal case has already been registered in Crime No. 317 of 2023. Under the said circumstances, the petitioner made a representation for the HR & CE Department to take over the administration of 2/5
the temple and ensure that the affairs of the temple are conducted smoothly in the best interest of the devotees. The Tahsildar had already conducted an enquiry and found in favor of the petitioner's representation. The recommendation of the Tahsildar is dated 14.11.2024. Thereafter, when the representation was forwarded by further communication dated 22.01.2025, the Additional Commissioner (Education Institutions) of the HR & CE Department - second respondent had also forwarded the same to the third respondent for conducting the inquiry.
3. In view thereof, this writ petition is disposed of on the following terms:- (i) The third respondent shall take up the said representation of the petitioner along with the letters forwarding for inquiry. (ii) The third respondent shall issue notices to the petitioner as well as to the persons who may be interested in the management of the temple and conduct an inquiry in accordance with the law. After hearing the parties, the third respondent shall decide the issue and pass appropriate orders. 3/5
(iii) The entire exercise shall be completed within a period of ten weeks from the date of receipt of the web copy of the order without waiting for the certified copy of the order. No costs.
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THE COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENT DEPARTMENT (HR & CE) NO. 119, UTHAMAR GANDHI SALAI, NUNGAMBAKAM, CHENNAI - 600 034.
2.
THE ADDITIONAL COMMISSIONER, (EDUCATIONAL INSTITUTIONS), HINDU RELIGIOUS AND CHARITABLE ENDOWMENT DEPARTMENT (HR & CE) NO.119, UTHAMAR GANDHI SALAI, NUNGAMBAKAM, CHENNAI - 600 034.
3.
THE ASSISTANT COMMISSIONER CHENNAI RANGE - 1, HINDU RELIGIOUS AND CHARITABLE ENDOWMENT DEPARTMENT (HR & CE) 68, E.V.K SAMPATH MAALIGAI, 9TH FLOOR, DPI CAMPUS, COLLEGE ROAD, CHENNAI - 600 006.
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D.BHARATHA CHAKRAVARTHY, J.
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