R.Selvam, v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.06.2016

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.19882 of 2016 R.Selvam ... Petitioner Vs.

1 The Commissioner Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai 2 The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Salem.

3 The Assistant Commissioner Hindu Religious and Charitable Endowment Department, Salem 4 The Inspector Hindu Religious and Charitable Endowment Department, Omalur, Salem.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to handover the charge and key of Arulmigu Sri Mariamman, Pidariamman Aalayam to the Petitioner on the basis of his representation dated 27.12.2015 within a time frame as may be fixed by this Honourable Court.

For Petitioner : Mr.E.K.Kumaresan For Respondents : Mr.K.V.Dhanapalan Additional Government Pleader

O R D E R

By consent, the writ petition is taken up for final disposal.

2.The petitioner and his brother namely, R.Suresh were declared as hereditary trustees by way of petition under Section 54(1) of the Hindu Religious and Charitable Endowment Act by the second respondent vide proceedings dated 18.11.2015 in M.P.No.13 of 2012.

3.The grievance expressed by the petitioner is that despite the said order, the affairs/ administration of the Temple has not been handed over and in this regard, submitted a representation dated 12.12.2015 to the first respondent, who in turn vide proceedings in O.Mu.No.10390/2016/A2, dated 07.03.2016 has directed the second respondent to consider the representation of the petitioner and inform the decision taken and inspite of the same, he is not yet favoured with any kind of response, and hence, came forward to file this writ petition. 4.Heard the submissions of Mr.E.K.Kumaresan, learned counsel appearing for the petitioner and Mr.K.V.Dhanapalan, learned Additional Government Pleader who accepts notice on behalf of the respondents.

5.Though the petitioner prayed for a larger relief, this Court in the light of the facts and circumstances and without going into the merits of the same, directs the second respondent to consider and dispose of the petitioner's representation dated 27.12.2015, on merits and in accordance with law and pass appropriate orders, within a period of three weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner.

6.The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar

To 1 The Commissioner, Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai.

2 The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Salem.

3 The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Salem.

4 The Inspector, Hindu Religious and Charitable Endowment Department, Omalur, Salem.

+1cc to Mr.E.K.Kumaresan, Advocate Sr.32121 W.P.No.19882 of 2016 msm[co] srg 27/06/2016