K.Marudhachalam, v. The Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.07.2017
CORAM
THE HON'BLE MR. JUSTICE M.DURAISWAMY W.P.No.18128 of 2017 & W.M.P.No.19668 of 2017 K.Marudhachalam
...Petitioner
v.
1 The Commissioner Hindu Religious and Endowment Board Mahatma Gandhi Road Nungambakkam Chennai 34 2 The Fit Person Sri Arulmigu Karkimalai Eswaran Udanurai Karunambigai Amman Temple Thandagam Road Kanuvoi Coimbatore 641 108 3 The Executive Officer Arulmigu Anuvai Subramaniasamy Temple Periya Thadagam Kovai North Division Coimbatore District.
... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, directing the first respondent to take up the issue of recognizing the managing committee constituted under a trust namely, Sri Arulmigu Karkimalai Eswaran Udanurai Karunambigai Amman Trust registered through a document dated 15.05.2017 vide document No.35 of 2017 on the file of Sub Registrar, Vadavalli, Coimbatore to manage the temple administration of Sri Arulmigu Karkimalai Eswaran Udanurai Karunambigai Amman Temple at Thandagam Road, Kanuvai, Coimbatore 641 108. For Petitioner : Mr.V.Manohar For Respondents : Mr.M.Maharaja Special Govt. Pleader HR & CE
ORDER
Mr.M.Maharaja, learned Special Government Pleader, takes notice for the respondents. By consent, the main writ petition itself is taken up for disposal at the admission stage itself.
2. The petitioner has filed the above writ petition to issue a Writ of Mandamus, directing the 1st respondent to take up the issue of recognizing the managing committee constituted under a trust namely, Sri Arulmigu Karkimalai Eswaran Udanurai Karunambigai Amman Trust registered through a document dated 15.05.2017 to manage the temple administration of Sri Arulmigu Karkimalai Eswaran Udanurai Karunambigai Amman Temple at Thandagam Road, Kanuvai, Coimbatore 641 108.
3. The learned counsel appearing for the petitioner submitted that in spite of the petitioner's representation dated 11.06.2017, the 1st respondent has not conducted enquiry and passed any orders so far.
4. Mr.M.Maharaja, learned Special Government Pleader, appearing for the respondents submitted that the 1st respondent may be directed to conduct enquiry and pass orders on the petitioner's representation, in accordance with law.
5. In view of the submissions made by the learned counsel on either side and also taking into consideration the limited prayer sought for in the writ petition, without expressing any opinion with regard to the merits of the case, I direct the 1st respondent to consider the petitioner's representation dated 11.06.2017, after conducting enquiry and an opportunity of personal hearing to all the interested parties, pass orders, in accordance with law, within a period of eight weeks, from the date of receipt of a copy of this order. It is also made clear that the petitioner shall also co-operate with the 1st respondent in the enquiry to be conducted by him. With this observation, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar rj
To 1 The Commissioner Hindu Religious and Endowment Board Mahatma Gandhi Road Nungambakkam Chennai 34 2 The Fit Person Sri Arulmigu Karkimalai Eswaran Udanurai Karunambigai Amman Temple Thandagam Road Kanuvoi Coimbatore 641 108 3 The Executive Officer Arulmigu Anuvai Subramaniasamy Temple Periya Thadagam Kovai North Division Coimbatore District.
+2 ccs to Mr.V.Manohar Advocate sr 50040 W.P.No.18128 of 2017 & W.M.P.No.19668 of 2017 sv(co) aa02/08/2017