P.Elumalai v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.04.2024
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN P. Elumalai
...Petitioner
Vs
1. The Commissioner Hindu Religious and Charitable Endowments Department No.119, Uthamar Gandhi Road, Nungambakkam, Chennai - 600 034.
2. The Joint Commissioner Regional Office Hindu Religious and Charitable Endowments Department Villupuram - 605 602.
...Respondent
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the Respondents to hand over the keys of the temple namely Sri Mariamman Koil, Nallan Pillai Petral, Gingee Taluk, Villupuram District to the petitioner by considering the petitioner's representation dated 06.03.2023 within a time frame and pass orders.
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For Petitioner : Mr.C. Munusamy For Respondents : Mr.S. Ravi Chandran Additional Government Pleader
ORDER
By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.
2. This Writ Petition has been filed seeking a direction to the respondent to consider the representation of the petitioner dated 06.03.2023.
3. The case of the petitioner is that the petitioner is a resident of Nallanpillaipetral Village, Gingee Taluk, Villupuram District and the petitioner's predecessors are performing poojas and other rituals in Sri Mariamman temple for many years and they are also administering and maintaining the said temple. Further more the petitioner have also formed a trust in the name of the said temple and the same was also duly registered on 09.08.2019 before the Sub Registrar, SathyamangalamTindivanam vide Document Mo.7/2019. While so, all of sudden the Inspector of the Department of HR & CE snatched away the keys of the 2/5
temple and handed over to one third party and no information was also provided to the petitioner for such action. Hence the petitioner gave a representation to the concerned authorities on 06.03.2023. However, the same was not considered. Hence this petition.
4. The learned counsel for the petitioner submitted that it would be suffice if this Court issues a direction to the respondents to consider the petitioner's representation and pass orders.
5. The learned Government Advocate appearing for the respondent submitted a letter dated 22.04.2024 issued by the Inspector, HR& CE wherein it has been stated that the elders of the village have decided that the petitioner should not perform pooja and the key should be hand over to one third party. It has been further stated that the petitioner has formed the trust without getting approval from the management of the temple. Hence, due to the illegal act of the petitioner cannot be permitted to conduct poojas in the said temple. 3/5
6. Considering the facts of the case, this Court without expressing any opinion on the merits of the case directs the respondents to consider the representation of the petitioner and pass orders after conducting an enquiry by affording reasonable opportunity of hearing to the petitioner as well as the concerned parties, within a period of twelve weeks from the date of receipt of a copy of this order.
7. With the aforesaid direction, this Writ Petition stands disposed of. No costs.
23.04.2024 Index:Yes/No Speaking order/Non-speaking order smn 4/5
V.BHAVANI SUBBAROYAN,J.
smn To
1. The Commissioner Hindu Religious and Charitable Endowments Department No.119, Uthamar Gandhi Road, Nungambakkam, Chennai - 600 034.
2. The Joint Commissioner Regional Office Hindu Religious and Charitable Endowments Department Villupuram - 605 602.
W.P.No.10980 of 2024 23.04.2024 5/5