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Madras High CourtWP/21543/2025disposed of

R.Ranjithkumar v. The Commissioner

2025-06-18Honourable Mr Justice N. Anand Venkatesh6 pages

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-06-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH and WMP No. 24314 of 2025 R.Ranjithkumar Petitioner(s) Vs

1. The Commissioner Hindu Religious And Charitable Endowment Department, Chennai.

2.The Joint Commissioner Hindu Religious And Charitable Endowment Department Commercial Tax Department, Complex, Balasundaram Road, ATT Colony, Gopalapuram, Coimbatore-641 018 3.N.Muruganandham 4.S.Shanmugasundaram (alias) Sundar 5.M.Dhanabalan 6.The Assistant Commissioner, HR & CE Department, Coimbatore Respondent(s) [R6 suo motu impleaded dated 18.06.2025 made in W.P.No.21543 of 2025]

2/6 PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 2nd respondent herein to consider petitioner representation dated 10.11.2025 and to conduct an enquiry against the misappropriation of funds in Eripatti Kamatchi Amman Thiru Kovil within a time frame.

For Petitioner(s):

Mr.Venkatasubban.K For Respondent(s):

Mr.K.Karthikeyar for R1, R2 and R6

ORDER

The Assistant Commissioner, HR & CE Department, Coimbatore is suo motu added as the 6th respondent in this writ petition. 2.This writ petition has been filed for issue of writ of mandamus directing the 2nd respondent to consider the representation made by the petitioner on 10.11.2025, wherein, the petitioner has sought for conducting an enquiry against the private respondent on the ground that they are misappropriating the funds of the temple by collecting the same from the general public.

3/6 3.Heard Mr.K.Venkatasubban, learned counsel appearing on behalf of the petitioner and Mr.K.Karthikeyan, learned Government Advocate appearing on behalf of respondent 1, 2 and 6.

4.The learned Government Advocate appearing on behalf of the HR & CE Department submitted that the temple in question does not come within the control of the HR & CE Department. The learned counsel further submitted that if at all the private respondents are collecting funds from the public and the same is being misappropriated, at the best, the Assistant Commissioner, can only take steps to bring this temple as non-listed temple. Hence, if necessary representation is made by the petitioner before the Assistant Commissioner, the same will be acted upon and enquired and necessary action will be taken in accordance with the HR & CE Act.

5.In the light of the above stand taken by the Department, it is left open to the petitioner to submit a fresh representation before the impleaded 6th respondent along with all the necessary particulars and documents. On receipt

4/6 of the same, the 6th respondent shall conduct the enquiry after affording opportunity to respondents 3 to 5 and take a final decision in accordance with HR & CE Act.

6.This writ petition is disposed of with the above directions. No Costs. Consequently, connected miscellaneous petition is closed. 18-06-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr

5/6 To

1. The Commissioner Hindu Religious And Charitable Endowment Department, Chennai.

2.The Joint Commissioner Hindu Religious And Charitable Endowment Department Commercial Tax Department, Complex, Balasundaram Road, ATT Colony, Gopalapuram, Coimbatore-641 018 3.The Assistant Commissioner, HR & CE Department, Coimbatore

6/6 N.ANAND VENKATESH J.

ssr 18-06-2025