P.Suresh v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.06.2024
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN P. Suresh
...Petitioner
Vs
1. The Commissioner, Hindu Religious and Charitable Endowment (HR&CE) Nungambakkam, Chennai - 600 034.
2. The Joint commissioner, Hindu Religious and Charitable Endowment (HR&CE) Dr. Balasubramaniam Road, Coimbatore.
3. Ramesh @ Angusamy
4. Chinnadurai
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the Respondents 1 and 2 to remove the 3rd and 4th respondents from the office of the Hereditary Trustee of Sri Angalamman Temple (Periya Koil), Situated in 1/6
Nattukalpalayam Village, Pollachi Taluk, Coimbatore District within time limit that may be prescribed by this Court and then perform "Kumbabisekam" for the Sri Angalamman Temple and pass orders. For Petitioner : Mr.B. Harikrishnan For Respondents 1 and 2 : MrN.R.R. Arun Natarajan Special 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 respondents to consider the representation of the petitioner dated 02.10.2023.
3.The case of the petitioner is that the petitioner is a devotee of the Sri Angalamman Temple ( Periya Koil), Situated in Nattukalpalayam Village, Pollachi Taluk, Coimbatore District. The grievance of the petitioner is that the 3rd and 4th respondents who are the hereditary trustee of the said temple are not permitting the community members to perform "Kumbhabiseakam" and they are not following the "Agama" guidelines 2/6
and further they involve in the act of misappropriation of temple funds. Hence, the petitioner gave a representation to the first and second respondents to remove the 3rd and 4th respondents from the office of the hereditary trustee of the temple. However, the representations were 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 first and second respondents to consider the petitioner's representation dated 02.10.2023 and pass orders.
5. The learned Special Government Pleader appearing for the respondents submitted that they will consider the case of the petitioner and take action in the manner known to law. He further submitted that they would authorize a fit person to supervise the works related to "Kumbhabiseakam".
6.In view of the above, this Court directs the second respondent to 3/6
appoint a fit person for the said temple to monitor the works related to "Kumbhabiseakam" and he will ensure that the "Kumbabishekam" will be held as per the schedule without causing any hindrance to the general public. There is no restriction to any individual, all devotees are permitted to attend and worship on the date of Kumbabishekam and its rituals. The petitioner is directed to co-operate with the newly appointed fit person for performing " Kumbabishekam" and other works.
7. Considering the facts of the case, this Court directs the first and second respondents to consider the representation of the petitioner dated 02.10.2023 and pass orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this Order.
8. With the aforesaid direction, this Writ Petition stands disposed of. No costs.
03.06.2024 Index:Yes/No Speaking order/Non-speaking order smn 4/6
To
1. The Commissioner, Hindu Religious and Charitable Endowment (HR&CE) Nungambakkam, Chennai - 600 034.
2. The Joint commissioner, Hindu Religious and Charitable Endowment (HR&CE) Dr. Balasubramaniam Road, Coimbatore.
5/6
V.BHAVANI SUBBAROYAN,J.
Smn W.P.No.12342 of 2024 03.06.2024 6/6