Balaji Pathachariyar v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.10.2017

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN W.P.No.27003 of 2017 Balaji Pathachariyar ... Petitioner Vs.

1. The Secretary to Government Hindu Religious & Charitable Endowments Department, Secretariat Office, Chennai.

2. The Commissioner, Hindu Religious & Charitable Endowments Department, Nungambakkam, Chennai.

3. The Joint Commissioner, Hindu Religious & Charitable Endowments Department, Salem District.

... Respondents Prayer: Petition has been filed under Article 226 of the Constitution of India, issue a Writ of Mandamus, directing the Respondent Nos.2 and 3 to appoint the petitioner as Archagar at Kottai Arulmigu Alagirinadaswami Thiru Kovil, Salem, Salem District based on the representation dated 25.09.2017 within the period that may be stipulated by this Hon'ble Court. For Petitioner : Ms.H.Hamsa for Mr.M.Natarajan For Respondents : Mr.M.Maharaja Special Government Pleader (Hindu Religious & Charitable Endowments Department)

ORDER

This writ petition has been filed to direct the Respondent Nos.2 and 3 to appoint the petitioner as Archagar at Kottai Arulmigu Alagirinadaswami Thiru Kovil, Salem District based on the representation dated 25.09.2017 within the stipulated period.

2. The contention of the petitioner is that his maternal uncle Mr.D.Seenivasa Pathachariyar was working as a Archagar https://hcservices.ecourts.gov.in/hcservices/

at Kottai Arulmigu Alagirinadaswami Thiru Kovil, Salem, Salem District and during the period, the petitioner was assisting him for the past 15 years. After his retirement, the petitioner made an application to the respondents to appoint him as Archagar at Kottai Arulmigu Alagirinadaswami Thiru Kovil, Salem, Salem District.

3. The said post of Archagar is not a hereditary one and the petitioner has no right to seek appointment as Archagar after the retirement of his maternal uncle.

4. The learned counsel for the respondents submits that there is no such attempt made to appoint an Archagar in the said temple and the writ petition is liable to be dismissed.

5. Hence this petition is liable to be dismissed. However, if the 3rd respondent wants to appoint Archagar for the Kottai Mariamman Koil, Salem, the petitioner shall make his application, the said application may be considered on merits.

6. With the above observation, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar vv To

1. The Secretary to Government Hindu Religious & Charitable Endowments Department, Secretariat Office, Chennai.

2. The Commissioner, Hindu Religious & Charitable Endowments Department, Nungambakkam, Chennai.

3. The Joint Commissioner, Hindu Religious & Charitable Endowments Department, Salem District.

+1cc to Mr.M.Natarajan, Advocate, S.R.No.74104 +1cc to the Government Pleader, S.R.No.74482 W.P.No.27003 of 2017 RK(CO) CA(10/11/2017) https://hcservices.ecourts.gov.in/hcservices/