A.Thangaraj v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.06.2024

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN A. Thangaraj .. Petitioner

Versus

1. The District Collector, Coimbatore District, Coimbatore.

2. The Commissioner, Hindu Religious and Charitable Endowment Board, Nungambakkam, Chennai 600 034.

2. The Joint Commissioner, Hindu Religious and Charitable Endowment Board, Coimbatore - 641 018.

4. The Assistant Commissioner, Hindu Religious and Charitable Endowment Board, Coimbatore - 641 018

5. The Fit Person, Arulmigu Sangili Karuppusamy Temple, Kuniyamuthur, ( Executive Officer of Arulmigu Pettai Visweswaraswamy Temple, Uppara Street, Coimbatore - 1 1/6

6. Artist Rajendran

7. M. Rajan

8. M. Pechimuthu

...Respondents

Prayer: This petition is filed under Article 226 of the Constitution of India to issue a writ of Mandamus to dispose of by taking necessary steps/proceedings on my complaint/representation dated 08.01.2024 levelled against Artist Rajendran, M.Rajan, Pechimuthu, Lakshmi and Rajkumar and pass orders.

For Petitioner : Mr.T.N. MuraliManoharan For Respondent-1 : Mrs C. Meera Arumugam Additional Government Pleader For Respondents 2 to 5 : Mr.S. Ravichandran Additional Government Pleader

ORDER

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

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2. This Writ Petition has been filed seeking a direction to the respondents to consider the representation of the petitioner dated 08.01.2024.

3.The case of the petitioner is that he is the president of the Renovation Committee of Arulmigu Sangili Karuppasamy Temple situated at Kuniyamuthur Village. The temple is under the administrative Control of the Assistant Commissioner HR&CE Department Coimbatore under section 49 of the HR&CE Act 22 of 1959. The community people has given a representation to the second respondent requesting financial help for the renovation of the temple roof which is in dilapidated condition. The second respondent has also considered the representation of the petitioner and sanctioned a sum of Rs.2,00,000/- to renovate the temple. While so, the 4th respondent herein in connivance with the 5th respondent had withdrawn the said amount without the consent of other committee members. Thereafter, the petitioner sent complaints on 25.09.2023,18.12.2023, 28.12.2023 and on 08.01.2024 to the respondents regarding the misuse of funds. However, there is no progress in the petitioner's representation. Hence, this petition. 3/6

4. The learned counsel for the petitioner submitted that it would be suffice if this Court issues a direction to consider petitioner's representation dated 8.01.2024 and pass orders.

5. The learned Additional 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 produced a letter dated 04.05.2024 addressed by the 5th respondent/Fit person wherein it has been stated that there is no misappropriation of the funds and the fund were used only for the renovation works.

6. Even though the 5th respondent/Fit person states that there is no misappropriation of the funds and the fund were used only for the renovation works, this Court directs the respondents to consider the representation of the petitioner and pass orders on merits and in accordance with law, after affording reasonable opportunity of hearing to the petitioner as well as the concerned parties if any, within a period of four weeks from the date of receipt of a copy of this order. 4/6

7. With the aforesaid direction, this writ petition is disposed of. No order as to costs.

03.06.2024 Speaking order : Yes/No Index : Yes/No smn To

1. The District Collector, Coimbatore District, Coimbatore.

2. The Commissioner, Hindu Religious and Charitable Endowment Board, Nungambakkam, Chennai 600 034.

2. The Joint Commissioner, Hindu Religious and Charitable Endowment Board, Coimbatore - 641 018.

4. The Assistant Commissioner, Hindu Religious and Charitable Endowment Board, Coimbatore - 641 018

5. The Fit Person, Arulmigu Sangili Karuppusamy Temple, Kuniyamuthur, ( Executive Officer of Arulmigu Sangili Karuppusamy Temple, Uppara Street, Coimbatore - 1 5/6

V.BHAVANI SUBBAROYAN, J.

smn 03.06.2024 6/6