M.Rajendran v. The Assistant Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.Nos.15191 & 15192 of 2025 M.RAJENDRAN ... Petitioner Vs THE ASSISTANT COMMISSIONER, HINDU RELIGIOUS CHARITABLE ENDOWMENTS DEPARTMENT, NO.2, MAYILADUTHURAI ROAD, THIRUVARUR-610 001.

... Respondent Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Certiorarified Mandamus, call for the records pertaining to impugned notice issued by the respondent vide Na.Ka. No.2025 / 2024/ A1 dated 04.02.2025 and quash the same and further direct the respondent not to interfere with the petitioners right of administration and management of the temple of 'Arulmigu Pongkoil Agopathra Veeranaar temple' situated in Karuvakkurichi Village, Mannargudi taluk, Thiruvarur District in a time bound manner.

For Petitioner : Mr.S.Arivazhagan For Respondent : Mr.S.Ravichandran Additional Government Pleader (HR & CE) 1/4

ORDER

This writ petition is filed with a prayer to quash the impugned proceedings dated 04.02.2025.

2. Upon hearing the learned counsel appearing for the petitioner and perusing the affidavit filed in support of the writ petition, it can be seen that the impugned order is in the nature of a show cause notice as to why the management of the temple can be taken up by the department by appointing non-hereditary trustees.

3. It is the case of the petitioner that for a long period, the petitioner alone was taking care of the temple. Therefore, the petitioner has already submitted an explanation in respect of the said show cause notice. Thereafter, he was directed to appear for the enquiry on 17.03.2025. It is the contention of the learned counsel for the petitioner that due to some unforeseen reasons, the petitioner was not able to appear before the respondent for enquiry.

4. However, when the matter came up for hearing, the learned Additional Government Pleader appearing for the respondent submitted that 2/4

the enquiry has not yet been closed and the petitioner can appear on any date next week and make such claims as may be permissible under law, and the same shall be duly considered in accordance with law.

5. In view thereof, this writ petition is disposed of on the following terms:- (i) The petitioner shall appear before the respondent on 30.04.2025 or any such date subsequently notified by the respondent. (ii) The respondent shall consider the explanation submitted by the petitioner to the show cause notice in the manner known to law. (iii) It would be open to the petitioner to produce such proof as may be permissible under law in support of his claim. The respondent shall consider the same and pass final orders thereon within four weeks from the date of appearance of the petitioner.

(iv) Consequently, connected miscellaneous petitions are closed. No costs.

16.04.2025 nsl 3/4

D.BHARATHA CHAKRAVARTHY, J.

nsl To THE ASSISTANT COMMISSIONER, HINDU RELIGIOUS CHARITABLE ENDOWMENTS DEPARTMENT, NO.2, MAYILADUTHURAI ROAD, THIRUVARUR-610 001.

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