A.V.Mugunda Battar, v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.07.2024

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN A.V.Mugunda Bhattar ... Petitioner Vs

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

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

3. The Assistant Commissioner/Executive Officer, Arulmighu Devaraj Swami Temple, Chinna Kancheepuram, Kancheepuram District.

... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to appoint the petitioner as Archakar in the third respondent namely the Assistant Commissioner/Executive Officer of Arulmighu Devarajaswami Temple, Chinna Kanchipuram by considering his representations dated 14.02.2017, 1/5

24.01.2018, 03.06.2019 and 02.06.2023 based on the directions issued by the second respondent vide proceedings in Oo. Mu. No. 3965/2023/Aa3 dated 28.06.2023.

For Petitioner : Mr. B.Gopalakrishnan For Respondents : Mr. S.Ravichandran, Additional Government Pleader (for R1 & R2) Mr. R.Bharanidharan (for R3)

O R D E R

This Writ Petition is filed for directing the respondents to consider the representations dated 14.02.2017, 24.01.2018, 03.06.2019 and 02.06.2023 made by the petitioner seeking appointment to the post of Archakar in the third respondent/Tempe.

2. The petitioner's grandfather, viz., Sreeman K.Seema Bhattar @ Srinivasa Bhatta served as the Chief Archakar at the third respondent/Temple. After the demise of the grandfather of the petitioner, his sons were appointed as Archakars and have been performing their duties at the third respondent/Temple. While that being so, the petitioner is being 2/5

grandson, now he claiming the post of Archakar on the ground that he was assisted to his grandfather during his tenure as Archakar.

3. Admittedly, after the demise of the petitioner's maternal grandfather, his legal heirs have been performing as Archakars. Therefore, the representations dated 14.02.2017, 24.01.2018, 03.06.2019 and 02.06.2023 submitted by the petitioner cannot be considered for his appointment as Archakar at the third respondent/Temple. Moreover, the appointment of an Archakar is not an automatic and follows a established procedure at the third respondent/Temple. Therefore, this Writ Petition is devoid of merits and it is liable to be dismissed.

4. In the result, this Writ Petition is dismissed. No costs. 08.07.2024 Index:Yes/No kv 3/5

To

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

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

3. The Assistant Commissioner/Executive Officer, Arulmighu Devaraj Swami Temple, Chinna Kancheepuram, Kancheepuram District.

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G.K.ILANTHIRAIYAN, J.

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