Madras High CourtWP/18056/2024disposed of with direction

T.E.Srinivasan v. The Commissioner

2024-10-25Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.10.2024 CORAM :

THE HONOURABLE MR.JUSTICE M.DHANDAPANI T.E.Srinivasan ..

Petitioner vs

1. The Commissioner Hindu Religious & Charitable Endowments Department No.119, Uthamar Gandhi Salai Nungambakkam, Chennai - 600 034.

2. The Joint Commissioner HR & CE Admin Department Kancheepuram.

3. The Assistant Commissioner/Executive Officer Arulmighu Devarajaswami Temple Kancheepuram.

Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the 3rd respondent namely the Assistant Commissioner/Executive Officer of Arulmighu Devarajaswami Temple, Kanchipuram to remove those who are disqualified persons and make ensure appointment of persons having qualifications as per the provisions of the HR&CE Act, by considering the representation of the petitioner dated 12.07.2022.

For Petitioner : Mr.D.Prasad For Respondents : Mr.K.Karthikeyan Government Advocate

ORDER

The present writ petition has been filed seeking a writ of mandamus, to direct the third respondent, namely the Assistant Commissioner/Executive Officer of Arulmighu Devarajaswami Temple, Kanchipuram, to remove those who are disqualified persons and make ensure appointment of persons having qualifications as per the provisions of the HR&CE Act, by considering the representation of the petitioner dated 12.07.2022.

2. Learned counsel appearing for the petitioner submits that the petitioner is a devotee of Arulmighu Devarajaswami Temple, Kanchipuram, however, unqualified Archakars are performing poojas in the said temple. Thereby, the petitioner made a representation on 12.07.2022 to that effect and since the same is not considered, the present writ petition has been preferred.

3. Learned counsel appearing for the petitioner, however, submits that if any unqualified persons are appointed as Archakars, liberty shall be given to the petitioner to challenge the appointment of such unqualified persons as Archakars in the manner known to law.

4. Recording the same, the writ petition stands disposed of with liberty to the petitioner to work out the remedy if any unqualified persons are appointed as Archakars. There shall be no order as to costs. 25.10.2024 Index: Yes/No drm To:

1. The Commissioner Hindu Religious & Charitable Endowments Department No.119, Uthamar Gandhi Salai Nungambakkam, Chennai - 600 034.

2. The Joint Commissioner HR & CE Admin Department Kancheepuram.

3. The Assistant Commissioner/Executive Officer Arulmighu Devarajaswami Temple Kancheepuram.

M.DHANDAPANI, J.

(drm) 25.10.2024