N.Selvam Nataraj v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 15.04.2025 Coram:

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY N.Selvam Nataraj, S/o.Nataraj, No.18/3, Koothadum Pillayar Koil Street, Saidapet, Chennai - 600 015.

... Petitioner /versus/

1. The Commissioner, Uthamar Gandhi Road, Nungambakkam, Chennai - 600 034.

2. The Joint Commissioner, Old No.212, New No.130, Ramakrishna Madam Street, Mylapore, Chennai - 600 004.

... Respondents Writ Petition has been filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to consider the Petitioner's representation dated 25.09.2024 and conduct elections to the Executive Committee of Sri Karneeswara Devasthanam situated at Saidapet. 1/5

For Petitioner :Mr.S.I.Sharu Kumar.

For Respondents :Mr.K.Karthikeyan, Government Advocate (HR&CE), for R1 & R2

O R D E R

This writ petition is filed directing the respondents to consider the petitioner's representation dated 25.09.2024, to conduct elections to the Executive Committee of Sri Karneeswara Devasthanam situated at Saidapet within the time frame fixed by the Court.

2. Firstly, it can be seen that the petitioner is claiming rights of a particular caste. This Court had already held that caste cannot be a religious denomination and the appointments have to be done from among all devotees in the manner known to law.

3. As a matter of fact, when the matter came up for hearing, the Learned Government Advocate for the respondents 1 & 2 would submit that for the present temple, the Trustees were appointed by G.O.No.61, dated 01.04.2023 for a period of two years. They took charge on 27/04/2023 and their period comes 2/5

to end with effect from 26.04.2025.

4. In view thereof, for fresh appointment already notification has been issued on 03/04/2025. Therefore, when the steps are being taken by the respondents, the grievance of the petitioner as expressed in the representation as if the Temple is managed only by the Executive Officer is factually incorrect and in any event, since the notification is issued and earlier the Trustees were appointed, even if the petitioner is aggrieved of the procedure, the petitioner can only challenge those proceedings.

5. Keeping open the liberty of the petitioner in that regard, this writ petition stands disposed of. No costs.

15.04.2025 bsm To,

1. The Commissioner, Uthamar Gandhi Road, Nungambakkam, Chennai - 600034.

3/5

2. The Joint Commissioner, Old No.212, New No.130, Ramakrishna Madam Street, Mylapore, Chennai - 600004

3. The Government Pleader, High Court, Madras. 4/5

D.BHARATHA CHAKRAVARTHY,J.

bsm 15.04.2025 5/5