G.Chakkarapani v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.05.2018

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN W.P.No.11854 of 2018 and W.M.P.No.13838 of 2018 G.Chakkarapani ...

Petitioner Vs 1.The State rep.by The Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments, Mahathma Gandhi Road, Nungambakkam, Chennai.

2.The Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments, Myladuthurai, Nagapattinam District.

3.The Assistant Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments, Cuddalore, Cuddalore District.

4.Executive Officer, Arulmigu Thillai Kaliyamman Koil, Chidambaram, Cuddalore District.

5.V.R.Sekar 6.V.S.Selvakumar 7.S.Thaivasigamani 8.T.Renganathan 9.K.Balakrishnan ...

Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the first respondent to dispose of the revision petition dated 25.04.2018 within the time frame fixed by this Court.

For Petitioner : Mr.Ilayaraja Kandasamy For Respondents : Mr.M.Maharaja, Special Government Pleader for R1 to R4

O R D E R

This writ petition is filed for issuance of a Writ of Mandamus to direct the respondents to consider the revision petition submitted by the petitioner to the Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments Department, Chennai.

2.A perusal of the affidavit reveals that the petitioner herein is aggrieved by the involvement of the respondents 5 to 9 - private parties, in the affairs of the temple Arulmigu Paradesiyappar Temple, Vallampadugai. According to the petitioner, the private respondents 5 to 9 are acting against the interest of the temple as well as illegally collecting donations from the public.

3.According to the petitioner herein, the respondents 4 to 9, in connivance with the other respondents, have organised Kumbhabishekham to Arulmigu Paradesiyappar Temple, Vallampadugai to be held on 06.05.2018. It is submitted by the learned counsel for the petitioner that under Right to Information Act, he had received information from the Hindu Religious and Charitable Endowments Department that there is no Fit Person appointed by the Hindu Religious and Charitable Endowments Department for the said temple. However, now the Kumbhabishekham invitation shows the names of the private respondents as if they are the Fit Persons of the temple.

4.This Court perused the information received by the petitioner which is enclosed in the typed set of papers. The information relied on by the petitioner is dated 09.06.2010 wherein the Hindu Religious and Charitable Endowments Department has informed that no Fit Person has been appointed for the Arulmigu Paradesiyappar Temple, Vallampadugai. Again the petitioner has obtained information from Hindu Religious and Charitable Endowments Department on 03.04.2017 wherein the Department has informed him that they have not appointed Selvakumar or Natarajan as Fit Person.

5.The learned Special Government Pleader representing the respondents 1 to 4 would submit that pursuant to the complaints from the public, the respondents 4 to 9 have been removed from Committee vide order dated 01.05.2018 and the Executive Officer of nearby temple has been appointed as Thakkar of Arulmigu Paradesiyappar Temple, Vallampadugai. A copy of the order passed by the Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Cuddalore has been furnished to this

Court. A copy of the said order was also served on the learned counsel for the petitioner.

6.In the light of the order passed by the Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Cuddalore District on 01.05.2018, nothing survives in this writ petition. The representation alleged to have been given by the petitioner herein to the Commissioner of Hindu Religious and Charitable Endowments Department as Revision Petition, shall be considered and disposed of in accordance with law.

7.The writ petition is disposed of accordingly. No costs. Consequently the connected miscellaneous petition is closed. Sd/- Assistant Registrar/Vacation Officer //True Copy// Sub Assistant Registrar KM To 1.The Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments, Mahathma Gandhi Road, Nungambakkam, Chennai.

2.The Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments, Myladuthurai, Nagapattinam District.

3.The Assistant Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments, Cuddalore, Cuddalore District.

4.The Executive Officer, Arulmigu Thillai Kaliyamman Koil, Chidambaram, Cuddalore District.

+1cc to Mr.Ilayaraja Kandasamy, Advocate sr.33168 +1cc to Government Pleader in sr.no.33150 W.P.No.11854 of 2018 and W.M.P.No.13838 of 2018 nr 16/05/2018