Arulmigu Shri Navasakthi Vinayagar Temple, v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.07.2023
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.20211 of 2023 and WMP.No.19532 of 2023 Arulmigu Shri Navasakthi Vinayagar Temple Represented by its Hereditary Trustee Kamalakanna Priya Nagar-I, Urupakkam Vandalur Taluk Chengalpattu District 603 210.
...Petitioner
Vs.
1.The Commissioner Hindu Religious & Charitable Endowment Department Nungambakkam, Chennai.
2.The Assistant Commissioner Hindu Religious & Charitable Endowment Department Chengalpattu.
3.The Inspector Hindu Religious & Charitable Endowment Department West Tambaram, Chennai.
4.Kavitha
...Respondents
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Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, forbearing the respondents 1 to 3 from conducting inspection or issuing notice to the petitioner temple at the instigation of the fourth respondent based on the representation dated 20.09.2023.
For Petitioner : Mr.G.Vinodhkumar For Respondents : Mr.S.Yashvanth for R1 to R3 Additional Government Pleader (HR&CE)
O R D E R
The petitioner herein seeks a Writ of Mandamus, forbearing the respondents 1 to 3 from conducting inspection or issuing notice to the petitioner temple at the instigation of the fourth respondent based on the representation dated 20.03.2023.
2. The petitioner herein claims himself as hereditary trustee of Arulmigu Shri Navasakthi Vinayagar Temple, Priya Nagar-I, Urapakkam, Vandalur Taluk, Chengalpattu District. The said temple was established by the forefathers of Priya Nagar residents Urapakkam, during the year 1988 and the same is administrated by the general public living in Priya Nagar. 2/6
3.
The petitioner also makes certain allegations of misappropriation against the fourth respondent. It is also stated by the petitioner that the fourth respondent filed a Writ Petition before this Court in W.P.No.33516 of 2022 seeking directions to the respondents 1 to 3 to take over control of the management of the temple. When the said Writ Petition came up for hearing, it was reported on behalf of the respondents 1 to 3 that they would conduct inspection of the temple affairs and an action would be taken based on the inspection report dated 13.12.2022. This Court recording the said submission directed the authorities to take action based on the inspection report submitted by the third respondent.
4. Mr.S.Yashvanth, learned Additional Government Pleader who takes notice for the respondents 1 to 3 submitted that the inspection report of the third respondent was submitted to the second respondent and after perusal of the same, the second respondent submitted his proposal to the first respondent and the same is pending before the first respondent for passing final orders.
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5. The petitioner is seeking a Writ of Mandamus, forbearing the respondents 1 to 3 from conducting inspection or issuing notice to the petitioner in respect of the temple affairs. Such omnibus prayer is not at all maintainable and therefore, this Court is not inclined to entertain the prayer in this Writ Petition.
6. However, in the light of the submission made by the learned Additional Government Pleader appearing for the respondents 1 to 3, the first respondent is directed to pass final orders in the proposal submitted by the second respondent, after issuing notice to the petitioner and the fourth respondent within a period of 8 weeks from the date of receipt of copy of this order.
7. Accordingly, with these directions, this Writ Petition is disposed. No costs.
10.07.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No dna 4/6
To 1.The Commissioner Hindu Religious & Charitable Endowment Department Nungambakkam, Chennai.
2.The Assistant Commissioner Hindu Religious & Charitable Endowment Department Chengalpattu.
3.The Inspector Hindu Religious & Charitable Endowment Department West Tambaram, Chennai.
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S.SOUNTHAR , J.
dna W.P No.20211 of 2023 and WMP.No.19532 of 2023 10.07.2023 6/6