S.Sivakumar v. The Joint Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.11.2015 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MRS.JUSTICE PUSHPA SATHYANARAYANA W.P. No.29546 and 27002 of 2015 1.S.Sivakumar 2.Ranganathan 3.P.Devaraj ... Petitioners in WP.29546/15 1.G.Ramkumar 2.V.Palanisamy 3.P.A.Sambathkumar ... Petitioners in WP.27002/15 -Vs1. The Joint Commissioner, O/o.Joint Commissioner, Hindu Religious and Charitable Endowment Dept., Chennai.

2. The Secretary to Government, Hindu Religious and Charitable Endowment Dept., Fort St. George, Chennai.

... Respondents in both WPs.

Petitions filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus (i) WP.29546/2015 - to call for the records pertaining to the impugned order passed by the 1st respondent in Original Proceedings No.2851/2015/A3 dated 28.4.2015 and to quash the same and consequently direct the respondents to declare the appointments of non-hereditary trustees and also call for appointment of non-hereditary Trustees as per the draft scheme issued by Joint Commissioner in O.A.No.47/09 on 30.01.2013 for administration of Sree Vidhya Sakthi Vinayakar Temple situated at K.K.Puthur, Sai Baba Colony, Chinthamani Nagar, Coimbatore; and (ii) WP.27002/2015 - to call for the records pertaining to

the impugned order passed in Original Proceedings No.2732/215/A3 dated 24.03.2015 and to quash the same and consequently direct the respondents to call for the application for appointment of Trustees as per the draft scheme issued by Joint Commissioner in O.A.No.176/78 B1 on 04.01.1983 for administration of A/m.Ramakoti Madalayam Temple, Ondipudur, Coimbatore. For Petitioner :

M/s.V.S.Usha Rani For Respondents :

Mr.P.H.Aravind Pandian Additional Advocate General Assisted by Mr.S.T.S.Murthi, Government Pleader.

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) We have heard the learned counsel for the petitioners and perused the prayer made in both the petitions. The temples have not even been impleaded as a party. The prayer made is for a direction to the respondent / Government authority to declare the appointment of non-hereditary Trustees as per a draft scheme issued by the Joint Commissioner in O.A.No.47/09 on 30.01.2013 of Sree Vidhya Sakthi Vinayakar Temple situated at K.K.Puthur, Sai Baba Colony, Chinthamani Nagar, Coimbatore and O.A.No.176/78 B1 dated 04.01.1983 of A/m.Ramakoti Madalayam Temple, Ondipudur, Coimbatore, respectively.

2.We, thus, call upon the respondents to examine the request of the petitioners and communicate a reasoned decision within a maximum period of three (3) months from the receipt of the order. 3.Writ Petitions stand disposed of. No costs. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar sra

To

1. The Joint Commissioner, O/o.Joint Commissioner, Hindu Religious and Charitable Endowment Dept., Chennai.

2. The Secretary to Government, Hindu Religious and Charitable Endowment Dept., Fort St. George, Chennai.

+2cc's to M/s.V.S.Usha Rani, Advocate, S.R.No.59662 & 59657 +2cc's to the Government Pleader, S.R.No.59919 & 59918 W.P.Nos.29546 and 27002 of 2015 SR(CO) CA(18/11/2015)