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Madras High CourtWP/11957/2022disposed of

V.G.Mohankumar v. The Commissioner,

2022-05-05Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.05.2022

CORAM

THE HON'BLE MR. JUSTICE R. MAHADEVAN W.P.No.11957 of 2022 V.G.Mohankumar

...Petitioner

Vs.

1. The Commissioner, HR & CE, No.119, Uthamar Gandhi Road, Nungambakkam, Chennai - 600 034.

2. The Joint Commissioner, Erode Region, HR & CE, D.No.20F, Chinnamuthu Veethi 1, Perundurai Road, Erode - 638 001.

...Respondents

Writ petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the second respondent to conduct enquiry and take action on the petitioner's complaint dated 25.01.2021 within the time limit that may be fixed by this Court.

For Petitioner :

Mr.V.Jayaprakash For Respondents:

Mr.Arun Natarajan Special Government Pleader (HR&CE)

ORDER

Seeking to issue a writ of mandamus directing the second respondent to conduct enquiry and take action on the petitioner's complaint dated 25.01.2021 within a time limit that may be fixed by this Court, the present writ petition has been filed.

2.

According to the petitioner, Sri Bathrakali Amman Temple, is a sub temple of Sri Anthiur Selleswarar Vagaiyara Thirukoil, which is under the control and management of the HR&CE Department. The subject temple is having large number of devotees in and around Erode, who have given donations both movable and immovable properties to the same. While so, the petitioner made a complaint dated 25.01.2021 to the first respondent, alleging that there are mismanagement and misappropriation of temple funds running into several lakhs of rupees, every year and requested to take appropriate action. https://hcservices.ecourts.gov.in/hcservices/

Upon receipt of the same, the first respondent by communication in O.Mu.No.27622/2021/H2 dated 07.04.2021, directed the second respondent to conduct enquiry and take action, on the said complaint. However, till date, no steps have been taken by the second respondent. Therefore, this writ petition.

3. Heard the learned counsel for the petitioner and the learned Special Government Pleader (HR&CE) taking notice for the respondents.

4. Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court directs the second respondent to conduct enquiry based on the petitioner's complaint dated 25.01.2021 and pass appropriate orders, on merits and as per law, after affording due opportunity of hearing to the petitioner as well as any other interested parties. Such an exercise shall be completed within a period of eight (8) weeks from the date of receipt of a copy of this order.

5. This writ petition is disposed of accordingly. No costs. Sd/- VACATION OFFICER //True Copy// Sub Assistant Registrar mrm/hvk To

1. The Commissioner, HR & CE Dept, No.119, Uthamar Gandhi Road, Nungambakkam, Chennai - 600 034.

2. The Joint Commissioner, Erode Region, HR & CE, D.No.20F, Chinnamuthu Veethi 1, Perundurai Road, Erode - 638 001.

+1cc to the Government Pleader, S.R.No.31216 W.P.No.11957 of 2022 GP(CO) CT 19/05/2022 https://hcservices.ecourts.gov.in/hcservices/