Mr.Karthiban v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.06.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.14170 of 2018 Mr.Karthiban S/o Ramasamy Gounder ..

Petitioner -vs1. The Commissioner Nungambakkam Chennai 600 034

2. The Joint Commissioner Dr.Balasundaram Salai Coimbatore 641 018

3. The Assistant Commissioner Coimbatore ..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents 2 and 3 to consider the representation given on 31.03.2018 requesting for fresh appointment of fit person for A/m Azhukusamiyar temple situated at Vettaikkaaranpudur, Pollachi Taluk, Coimbatore District.

For Petitioner ::

Mrs.V.S.Usha Rani For Respondents ::

Mr.M.Maharaja Special Government Pleader

ORDER

The petitioner claims to be a regular devotee of Arulmighu Azhukusamiyar temple situated at Vettaikkaaranpudur, Pollachi. As he has been visiting the temple as a devotee for more than 20 long years and the said temple is also the Jeeva Samadhi of a Sanyasi, namely, Azhukusamiyar, one Mr.V.P.Sabapathy Gounder,

S/o Palanisamy Gounder was appointed as a trustee for one year from 1992 to 1993. In spite of the short period of one year mentioned in the order, the said trustee has been continuing his service for more than 15 long years. Besides, no account is maintained. The learned counsel for the petitioner further submitted that when the temple is also receiving income by way of movable properties and the temple hundial is also receiving good revenue, they are not properly accounted for, as a result the temple also has not been improved. In view thereof, a representation has been given on 31.3.2018 requesting fresh appointment of a fit person and the same is pending for consideration before the Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Coimbatore, the third respondent herein. Therefore, a direction be issued to consider the same, she pleaded.

2. The learned Special Government Pleader for the respondents, after taking notice, submitted that the pending representation of the petitioner will be considered and appropriate orders will be passed on merits within a period of six weeks.

3. This Court hereby directs the third respondent to consider the pending representation of the petitioner on merits and pass appropriate orders in accordance with law within a period of six weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar ss To

1. The Commissioner Nungambakkam Chennai 600 034

2. The Joint Commissioner Dr.Balasundaram Salai Coimbatore 641 018

3. The Assistant Commissioner Coimbatore +1cc to Mrs.V.S.Usha Rani, Advocate, S.R.No.36843 +1cc to the Government Pleader, S.R.No.37390 W.P.No.14170 of 2018 CS/20/06/18