B.Jagannath, v. The Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.07.2019
CORAM:
THE HONOURABLE MR.JUSTICE S.MANIKUMAR and THE HONOURABLE MR.JUSTICE SUBRAMONIUM PRASAD W.P.No.20226 of 2019 B.Jagannath ... Petitioner Vs 1 The Commissioner, Hindu Religious and Charitable Endowment, Nungambakkam, Chennai -34.
2 The Joint Commissioner Salem District-636 001.
3 The Regional Audit Officer Salem District 636 001.
4 The Chief Audit Officer Nungambakkam, Chennai -34.
5 Inspector Dharmapuri Division, Krishnagiri District 636701.
6 Inspector Paramathivelur Division 7 Inspector
8 Inspector Rasipuram Division, 9 Inspector Salem Division, Salem District - 637001.
10 Inspector Athur Division, Salem District 637001.
11 Inspector Thuruchengode Division, Namakkal District 637211.
12 Inspector Sankagiri Division, Salem District 637001.
13 Inspector Krishnagiri Division, Krishnagiri District 635001.
14 Inspector Hosur Division, Salem District - 635 109.
15 Inspector Mettur Division, Salem District - 636401.
16 Inspector Palacode Division, Salem District - 636401.
17 Inspector Omalur Division, Salem District 636401.
18 Inspector Arur Division, Dharmapuri District 636701.
19 Inspector Thenkanikottai Division, Salem District 636401.
20 Assistant Commissioner Namakkal, 21 Assistant Commissioner Salem, Salem District 636401 22 Assistant Commissioner Dharmapuri District 636701 23 The Additional Chief Secretary to the Government of Tamil Nadu Tourism Culture and Religious Endowment Department, Fort St.George, Secretariat, Chennai 600 009.
24 The Special Officer Inspector General of Police (IDol Wing- IG) Chennai.
25 The Principal Secretary and Chief Secretary to the Government of Tamil Nadu, Fort St.George, Secretariat, Chennai - 600 009.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, issuance of a writ of mandamus, to direct the respondents 3 and 4 to perform Thirupani Audit Special audit, Land Audit, Jewels Audit, Idols Audit, Accounts Audit (including Annual Verification of Register of temples vide Section 29-31 of the HR and CE Act) of all the temples both listed and Non - listed which are coming under the direct and exclusive administrative control of the Inspectors (Respondents 5-19) and Assistant Commissioners (Respondens 20-22) in Salem Zone of HR and CE Department from Fasili Year 2008 onwards till
date and submit the Individual Audit reports as mentioned above before this Hon'ble Court within a reasonable time frame as fixed by this Hon'ble Court and take necessary further action including penal action if necessary based on the said Audit Objections in the Audit Reports submitted before this Hon'ble Court against the guilty officials of the HR and CE Department more specifically the Inspectors and also Assistant Commissioners in Office from Fasli Year 2008 till date in accordance with law - also based on the guidelines issued by the Hon'ble Supreme Court made in Mrinalini Padhi Puri Jagannath Temple case vide W.P.(Civil) 649 of 2018 by order dated 05.07.2018.
For Petitioner : Mr.B.Jagannath Party-in-person For Respondents: Mr.Maharaja (for R1 to R23) Special Govt. Pleader (HR&CE) Mr.E.Manoharan (for R25) Additional Government Pleader
O R D E R
(Order of this Court was made by S.Manikumar, J.) Mr.B.
Jagannath, a practicing Advocate, has sought for a writ of mandamus, to direct respondents 3 and 4 to perform Thirupani Audit Special audit, Land Audit, Jewels Audit, Idols Audit, Accounts Audit (including Annual Verification of Register of temples vide Section 29-31 of the HR and CE Act) of all the temples both listed and Non - listed which are coming under the direct and exclusive administrative control of the Inspectors (Respondents 5-19) and Assistant Commissioners (Respondents 2022) in Salem Zone of HR and CE Department from Fasili Year 2008 onwards till date and submit the Individual Audit reports before this Court within a reasonable time frame to be this Hon'ble Court and take necessary further action including penal action if necessary based on the said Audit Objections in the Audit Reports submitted before this Court against the guilty officials of the HR and CE Department more specifically the Inspectors and also Assistant Commissioners in Office from Fasli Year 2006 till date in accordance with law - also based on the guidelines issued by the Hon'ble Supreme Court made in Mrinalini Padhi Puri Jagannath Temple case vide W.
P.(Civil) 649 of 2018 by order dated 05.07.2018.
2. On the basis of the averments and material on record, Mr.B.Jagannath, petitioner-in-person, made submissions and also relying on the Judgment of the Hon'ble Supreme Court in Mrinalini Padhi Vs. Union of India, reported in (2018) 7 SCC
785, sought for issuance of notice. However, when attention of the petitioner was pointed out to the replies, given under the Right to Information Act, 2005 that if the petitioner is desirous of getting information mentioning about any particular temple and if the petitioner submits an application to that effect, it would be possible to provide information and when the petitioner was also informed that the decision made in Mrinalini Padhi Vs. Union of India, reported in (2018) 7 SCC 785, relied on by him, cannot be taken as a precedent for the matter that it is restricted only to Jagannath Temple at Puri, Orissa, Mr.B.Jagannath, petitioner-in-person, seeks permission to withdraw the writ petition. He has also made an endorsement to that effect.
3. Placing on record the above, writ petition is dismissed as withdrawn. It is made clear that no leave is granted to file a fresh writ petition for the same relief on the same cause. No Costs.
ars Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar To 1 The Commissioner, Hindu Religious and Charitable Endowment, Nungambakkam, Chennai -34.
2 The Joint Commissioner Salem District-636 001.
3 The Regional Audit Officer Salem District 636 001.
4 The Chief Audit Officer Nungambakkam, Chennai -34.
5 Inspector Dharmapuri Division, Krishnagiri District 636701.
6 Inspector Paramathivelur Division Namakkal District 637001. 7 Inspector 8 Inspector Rasipuram Division, 9 Inspector Salem Division, Salem District - 637001.
10 Inspector Athur Division, Salem District 637001.
11 Inspector Thuruchengode Division, Namakkal District 637211.
12 Inspector Sankagiri Division, Salem District 637001.
13 Inspector Krishnagiri Division, Krishnagiri District 635001.
14 Inspector Hosur Division, Salem District - 635 109.
15 Inspector Mettur Division, Salem District - 636401.
16 Inspector Palacode Division, Salem District - 636401.
17 Inspector Omalur Division, Salem District 636401.
18 Inspector Arur Division, Dharmapuri District 636701.
19 Inspector Thenkanikottai Division, Salem District 636401.
20 Assistant Commissioner Namakkal, Namakkal District 637001.
21 Assistant Commissioner Salem, Salem District 636401 22 Assistant Commissioner Dharmapuri District 636701 23 The Additional Chief Secretary to the Government of Tamil Nadu Tourism Culture and Religious Endowment Department, Fort St.George, Secretariat, Chennai 600 009.
24 The Special Officer Inspector General of Police (IDol Wing- IG) Chennai.
25 The Principal Secretary and Chief Secretary to the Government of Tamil Nadu, Fort St.George, Secretariat, Chennai - 600 009.
+1cc to Mr.B.Jagannath, Advocate, SR.No.60414 +1cc to the Govt.Pleader, Vide Sr.No.61519 W.P.No.20226 of 2019 Kak(22/08/2019)