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Madras High CourtWP/25914/2015disposed of

N.Paranthaman, v. The Commissioner,

2015-08-21Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.08.2015

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.25914 of 2015 and M.P.No.1 to 3 of 2015 N.Paranthaman [ Petitioner ] Vs

1. The Commissioner, Hindu Religious and Charitable Endowments, Nungambakkam, Chennai-600034.

2. The Assistant Commissioner, Hindu Religious and Charitable Endowments, Nungambakkam, Chennai-600034.

3.Mr.Kumaresan Fit Person, Arulmigu Sreemathamman Makeswari Temple, Chambers Colony, Chrompet, Chennai-44 4.The Inspector of Police, Chrompet Police Station, St.Thomas Mount, Chennai.

5. Mr.Mathivanan [Respondents] Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records sequel to the impugned order bearing No.Se.Mu.Na.Ka.En 3647 / 2015/A1 order dated 16.07.2015 passed by the second respondent and to quash the same and consequently direct the respondents from 1 to 3 to allow the petitioner to carry on the temple management in respect of Sree Mathamman Makeswari Temple in Chrompet.

For Petitioner :Mr.M.Gnanasekar For Respondents :Mr.P.Sanjay Gandhi (R1 to R4) Additional Government Pleader Mr.G.Krishnamurthy (R5)

O R D E R

Heard the learned counsel for the petitioner as well as the learned Additional Government Pleader appearing for R1 to R4 and Mr.G.Krishnamurthy appearing for R5.

2. Though the challenge in this Writ Petition is against appointment of a fit person, now the learned counsel for the petitioner confines his prayer to the extent of considering the representation of the petitioner for conduct or perform the pooja in the temple in question.

3.Mr.G.Krishnamurthy, the learned counsel appearing for the fifth respondent has submitted that the fit person is the only person who is competent to decide the issue.

4. In view of the limited relief now sought for by the learned counsel for the petitioner, without going into the merits of the case, the third respondent is directed to consider the representation of the petitioner dated 27.07.2015 and pass appropriate orders on merits and in accordance with law, after giving due opportunity of hearing to the petitioner as well as the fifth respondent, within a period of four weeks from the date of receipt of a copy of this order. However, it is for the fit person to decide the issue whether the petitioner has to continue to perform pooja etc., This Writ Petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar True Copy Sub Assistant Registrar arr To

1. The Commissioner, Hindu Religious and Charitable Endowments, Nungambakkam, Chennai-600034.

2. The Assistant Commissioner, Hindu Religious and Charitable Endowments, Nungambakkam, Chennai-600034.

3.Mr.Kumaresan Fit Person, Arulmigu Sreemathamman Makeswari Temple, Chambers Colony, Chrompet, Chennai-44 4.The Inspector of Police, Chrompet Police Station, St.Thomas Mount, Chennai.

1 cc to Mr. R.Thirumoorthy, Advocate Sr.No.44555 1 cc to Mr.G.Krishnamurthy , Advocate Sr.No.44579 1 cc to Spl. Government Pleader.Sr.No.44846 W.P.No.25914 of 2015 rsi(co) pmk.4.9.2015