R.Govindasamy v. The Chief Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 08.07.2022 Coram:

THE HONOURABLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE and THE HONOURABLE MRS.JUSTICE N.MALA and W.M.P.No.16710 of 2022 -- R.Govindasamy .. Petitioner Vs.

1. The Chief Secretary, Secretariat, Puducherry-1.

2. The Secretary, Department of Hindu Religious Institutions and Wakf, Secretariat, Puducherry-605 009.

3. The Commissioner, Department of Hindu Religious Institutions and Wakf, 3rd Floor, Collectorate Complex, Pettaiyan Chathiram, Puducherry-605 009.

4. Sivasankaran The Commissioner, Department of Hindu Religious Institutions and Wakf, 3rd Floor, Collectorate Complex, Pettaiyan Chathiram, Puducherry-605 009.

5. Karunanithi

6. Manoharan

7. P.Babu (Police Driver) .. Respondents

Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the respondents 1 and 2 to take action against the fourth respondent for not taking actions against the respondents 5 to 7 and consequently direct the respondents 1 to 3 to take appropriate actions against the respondents 5 to 7 for having committed misappropriation of the Temple funds.

For petitioner : Mr.G.Pugazhenthi For respondents: Mr.J.Kumaran, Addl.G.P.(Pondicherry) for RR-1 to 3

ORDER

(The Order of the Court was made by The Honourable Chief Justice) The Writ Petition has been filed to seek a direction to the respondents 1 and 2 to take action against the fourth respondent for not taking action against the respondents 5 to 7, who have misappropriated the money belonging to the Temple, and for which, correspondences are available on record.

2. If any one has misappropriated the money, a First Information Report (FIR) can be lodged by any one knowing about it and if the petitioner knows that the amount of the Temple had been misappropriated, he could lodge FIR before the concerned Police Station. Instead of doing it, the present Writ Petition has been filed to make enquiry on the allegations entering into the questions of facts,

which otherwise is not maintainable before this Court while exercising jurisdiction under Article 226 of the Constitution of India.

3. Thus, we find no reason to entertain the present Writ Petition. However, it is disposed of, with liberty to the petitioner to take appropriate remedy in the matter as is available under law. There shall be no order as to costs. Consequently, W.M.P. is closed.

(M.N.B., C J) (N.M.J) 08.07.2022 Index: Yes/no Speaking Order: Yes/no cs To

1. The Chief Secretary, Secretariat, Puducherry-1.

2. The Secretary, Department of Hindu Religious Institutions and Wakf, Secretariat, Puducherry-605 009.

3. The Commissioner, Department of Hindu Religious Institutions and Wakf, 3rd Floor, Collectorate Complex, Pettaiyan Chathiram, Puducherry-605 009.

THE HONOURABLE CHIEF JUSTICE and N.MALA, J cs 08.07.2022