D.Sureshbabu v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.06.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU D.Sureshbabu .. Petitioner Vs 1 The District Collector O/o. the District Collector Coimbatore.

2 The Commissioner Hindu Religious and Charitable Endowments Department No.119, Uthamar Gandhi Road Nungambakkam, Chennai - 600 034.

3 The Joint Commissioner Hindu Religious and Charitable Endowments Department Commercial Tax Building, Ground Floor Dr.Balasundaram Road Coimbatore - 641 018.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 2 and 3 to consider the representation of the petitioner dated 31.03.2023 to settle a scheme for Arulmigu Sakthi Vinayagar Temple, Sakthi Nagar ,

Coimbatore - 15 and pending settlement appoint Fit Person for Arulmigu Sakthi Vinayagar Temple, Sakthi Nagar, Coimbatore and thus render justice.

For the Petitioner : Mr.R.Amardeep For the Respondents : Mr.P.Muthukumar State Government Pleader for 1st respondent : Mr.N.R.R.Arun Natarajan Special Government Pleader for respondents 2 and 3

ORDER

(Order of the court was made by the Hon'ble Chief Justice) We have heard learned counsel for the petitioner; learned State Government Pleader appearing for the first respondent; and learned Special Government Pleader appearing on behalf of respondents 2 and 3.

2. Learned counsel for the petitioner submits that a representation has been given on 31.3.2023 to take immediate and necessary action under the Tamil Nadu Hindu Religious and

Charitable Endowments Act, 1959 to settle a scheme for Arulmigu Sakthi Vinayagar Temple, Sakthi Nagar, Coimbatore, and pending settlement to appoint a Fit Person.

3. Framing of a scheme would involve a statutory process. The procedure will have to be adhered to. A representation may not suffice. An application would have to be submitted in accordance with the provisions of the statute. In case the petitioner submits such an application, then naturally the authority would consider the application on merits and in accordance with law expeditiously.

The writ petition is disposed of accordingly. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 01.06.2023 Index :

Yes/No Yes/No sasi

To:

1 The District Collector O/o. the District Collector Coimbatore.

2 The Commissioner Hindu Religious and Charitable Endowments Department No.119, Uthamar Gandhi Road Nungambakkam, Chennai - 600 034.

3 The Joint Commissioner Hindu Religious and Charitable Endowments Department Commercial Tax Building, Ground Floor Dr.Balasundaram Road Coimbatore - 641 018.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU,J.

(sasi) 01.06.2023