P.Nagaraj, v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.11.2024
CORAM
THE HONOURABLE MR.JUSTICE S.SOUNTHAR and W.M.P.No.27796 of 2021 1.P.Nagaraj 2.S.Senthil Kumar 3.N.Subramanian ... Petitioners vs.
1.The Commissioner, Hindu Religious & Charitable Endowments Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.
2.The Joint Commissioner, Hindu Religious & Charitable Endowments Department, Coimbatore Division, O/O. The Joint Commissioner, Hindu Religious & Charitable Endowments Department, Coimbatore - 18.
3.P.M.Palanichamy 4.R.Muthusamy 5.L.D.Balasubramanian 1/6
6.Arulmighu Karupparaya Samy Mariamman Temple, Rep by its Heriditary Trustees, Lingae Goundenputhur, Vadavalli, Coimbatore District ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st Respondent to initiate action on the complaint dated 24.11.2017 and report of the 2nd Respondent dated 03.06.2020.
For Petitioners : Mr.V.Srikanth For R1, R2 and R6 : Mr.S.Ravi Chandran Additional Government Pleader
O R D E R
The petitioners herein seek a direction to the 1st respondent to initiate action on the complaint of the petitioner dated 24.11.2017 and report of the 2nd respondent dated 03.06.2020.
2. The petitioner submitted a representation before the 2nd respondent making certain complaints against the Hereditary Trustees of the 6th respondent/Temple. Based on the complaint of the petitioner, an enquiry was conducted by the 2nd respondent and he filed a report on 03.06.2020. Based 2/6
on the report of the 2nd respondent, no further action has been taken by the 1st respondent. Therefore, the petitioner has come before this Court seeking a direction to the 1st respondent to take further action.
3. When the writ petition is taken up for hearing, the learned Additional Government Pleader appearing for the respondents 1, 2 and 6, on written instructions, submits that the subject Temple was upgraded as a group of Temple under Section 46(iii). It is further stated by the learned Additional Government Pleader that based on the report submitted by the 2nd respondent, charges have been framed against the Hereditary Trustees of the Temple and disciplinary proceedings is pending before the Principal Secretary of concerned department in Na.Ka.No.1004/ANi3-1/2022, dated 03.04.2024.
4. In view of the above said submission made by the learned Additional Government Pleader appearing for the respondents 1, 2 and 6, the Principal Secretary, Tourism, Culture and Religious Endowments Department, Fort St. George, Chennai is directed to complete the enquiry in his proceedings in Na.Ka.No.1004/ANi3-1/2022, dated 03.04.2024 and pass 3/6
final orders on its own merits and in accordance with law, within a period of twelve weeks from the date of receipt of copy of this order, after issuing notice to the petitioner and Hereditary Trustees of the temple, against whom charges are framed.
5. With the above direction, the Writ Petition stands disposed of. No costs. Consequently, the connected writ miscellaneous petition is closed.
6. The Registry is directed to mark a copy of this order to Principal Secretary, Tourism, Culture and Religious Endowments Department, Fort St. George, Chennai - 600 009.
12.11.2024 (2/2) Index : Yes/No Speaking order:Yes/No dm 4/6
To 1.The Commissioner, Hindu Religious & Charitable Endowments Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.
2.The Joint Commissioner, Hindu Religious & Charitable Endowments Department, Coimbatore Division, O/O. The Joint Commissioner, Hindu Religious & Charitable Endowments Department, Coimbatore - 18.
3.The Heriditary Trustees, Arulmighu Karupparaya Samy Mariamman Temple, Lingae Goundenputhur, Vadavalli, Coimbatore District.
Copy to The Principal Secretary, Tourism, Culture and Religious Endowments Department, Fort St. George, Chennai - 600 009.
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S.SOUNTHAR, J.
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