P.R.Srinivasan, Hereditary v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and WMP.Nos.24980, 24982/2020, 37231/2016, 37232/2016 & 16162/2017 P.R.Srinivasan ... Petitioner in all W.P.Nos.

Vs.

1.The Commissioner H.R.and C.E. Department, Nungambakkam Chennai 600 034.

2.The Joint Commissioner H.R and C.E.Department Kottaimariamman, Temple Complex Salem.

...Respondents in all W.P.Nos.

3.The Executive Officer Dharmapuri District.

...Respondent in W.P.No.43372/2016

Arulmigu Mallikarjuna Swamy and Paravasudeva Swamy Thirukoil Dharmapuri District.

...Respondent in W.P.No.20212/2020

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Dharmapuri District. ....Respondent in W.P.No.14920/2017 Prayer in W.P.No.43372/2016 : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records from the second respondent leading to pass the impugned order dated 29.11.2016 in O.Mu.No.9380/2016/E2 and quash the same and consequently direct the second respondent to permit the opening of the hundials placed in the Arulmigu Abheeshta Varadharaja Swamy Temple, Paparapatti Agraharam, Pennagaram Taluk, Dharmapuri District in the presence of the Inspector HR and CE Department Dharmapuri. Prayer in W.P.No.20212/2020 : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records from the third respondent leading to pass the impugned order dated 09.12.2020 and quash the same.

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Prayer in W.P.No.14920/2017 : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records from the third respondent leading to pass the impugned notice dated 10.06.2017 served on 12.06.2017 and quash the same.

For Petitioner in all W.P.Nos.

: Mr.N.C.Ashokkumar For Respondents in all W.P.Nos.

: Mr.K.Karthikeyan for R1 to R3 Government Advocate (HR & CE) COMMON ORDER All these three Writ Petitions are connected and as such are disposed of by this common order.

2. Eventhough the relief prayed for in the Writ Petitions relate to opening of the hundial etc, by virtue of the passage of time, as on date, the learned counsel for the petitioner would submit that it would be suffice if this Court directs that the disciplinary enquiry pending against the petitioner be disposed of by the second respondent as expeditiously as possible and in the 3/6

meanwhile, the same protection that has consistently been granted to the petitioner be granted.

3. The learned Government Advocate representing the respondent department would also submit that such a course can be undertaken. He would submit that as far as the hundials are concerned it was also already opened as earlier directed.

4. In view thereof, without going into the very many merits of the contentions that are raised in these Writ Petitions, these Writ Petitions are disposed of on the following terms;

(i) The second respondent shall take up the disciplinary proceedings that is pending against the petitioner who is the Hereditary Trustee and shall conduct the enquiry as expeditiously as possible and dispose of the same in the manner known to law, in any event not later than four months from the date of receipt of the web copy of the order without waiting for the certified copy of the order;

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(ii) Until the same, the petitioner will be permitted to act as a Trustee but they shall not act independently but will cooperate with the Thakkar and conduct the day to day affairs of the temple. The Hundial shall be opened in the presence of the Inspector, HR & CE Department and the amount shall be counted and deposited in the bank in the name of the temple as per the Rules;

(iii) The records of the amount collected in the hundial shall also be maintained. The petitioner shall cooperate with the officials, in case if further necessity to open the Hundial arises, the above interim arrangement shall be in place until the disposal of the disciplinary proceedings.

(iv) No costs. Consequently, connected Miscellaneous Petitions are closed.

03.03.2025 : No dna 5/6

D.BHARATHA CHAKRAVARTHY , J.

dna To 1.The Commissioner H.R.and C.E. Department, Nungambakkam Chennai 600 034.

2.The Joint Commissioner H.R and C.E.Department Kottaimariamman, Temple Complex Salem.

3.The Executive Officer Dharmapuri District.

Arulmigu Mallikarjuna Swamy and Paravasudeva Swamy Thirukoil Dharmapuri District.

and WMP.Nos.24980, 24982/2020, 37231/2016, 37232/2016 & 16162/2017 03.03.2025 6/6