R.Vasantha v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.07.2023

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.19578 of 2023 and WMP.No.18839 of 2023 R.Vasantha

...Petitioner

Vs.

1.The Commissioner Hindu Religious and Charitable Endowmet Department Nungambakkam Chennai 600 034.

2.The Joint Commissioner Hindu Religious and Charitable Endowments Department Salem 636 001.

3.The Assistant Commissioner/ Executive Officer Arul Mighu Vanabadrakali Amman Temple Thekkampatti 641 305 Mettupalayam Taluk Coimbatore District.

4.V.S.Kailasamurthy Executive Officer Arul Mighu Vanabadrakali Amman Temple Thekkampatti 641 305 Mettupalayam Taluk Coimbatore District.

...Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the first respondent to take up appropriate proceedings as against the fourth respondent, in discharge of duties, as the Executive Officer of the petitioner temple, under Section 45(4) of the Tamil Nadu Hindu Religious and Charitable Endowment Act, by passing appropriate orders on the grievance petitions dated 11.10.2022, 24.04.2023 and 02.05.2023 filed by the petitioner, within a time frame as may be fixed by this Court.

For Petitioner : Mr.S.Subbiah Senior Advocate for Ms.Elizabeth Ravi For Respondents : Mr.Arun Natarajan Special Government Pleader (HR&CE)

O R D E R

This Writ Petition has been filed seeking a direction to the first respondent to take appropriate action against the fourth respondent under Section 45(4) of the Tamil Nadu Hindu Religious and Charitable Endowment Act, by passing appropriate orders on the grievance petitions dated 11.10.2022, 24.04.2023 and 02.05.2023 filed by the petitioner. 2/6

2. The Hereditary Trustee, Arul Mighu Vanabadrakali Amman Temple which is registered under Section 46 of Tamil Nadu Hindu Religious and Charitable Endowments Act, is in the cadre of Assistant Commissioner. The fourth respondent in the present writ petition is the Executive Officer of the Temple appointed by the Hindu Religious & Charitable Endowment Department.

3. The petitioner has got some grievances against the fourth respondent and hence, he made a representation to the first respondent dated 11.10.2022, 24.04.2023 and 02.05.2023, requesting the first respondent to take appropriate action against the fourth respondent in accordance with law and the same is not yet considered by the first respondent.

4. Though the petitioner sought for a direction to the first respondent to take appropriate action against the fourth respondent based on his representation, the learned Senior Counsel for the petitioner confined his relief and submitted that a direction may be issued to the first respondent to consider the representation and pass orders in accordance with law. 3/6

5. In view of the limited relief sought for by the writ petitioner, the first respondent is directed to consider the representations submitted by the petitioner dated 11.10.2022, 24.04.2023 and 02.05.2023 on merits, in accordance with law within a period of 8 weeks from today.

6. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 03.07.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No dna 4/6

To 1.The Commissioner Hindu Religious and Charitable Endowmet Department Nungambakkam Chennai 600 034.

2.The Joint Commissioner Hindu Religious and Charitable Endowments Department Salem 636 001.

3.The Assistant Commissioner/ Executive Officer Arul Mighu Vanabadrakali Amman Temple Thekkampatti 641 305 Mettupalayam Taluk Coimbatore District.

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S.SOUNTHAR , J.

dna W.P No.19578 of 2023 and WMP.No.18839 of 2023 03.07.2023 6/6