Thamilaga Indhu Saiva Koyilgal v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.07.2016

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.25664 of 2016 Thamilaga Indhu Saiva Koyilgal Paathukappu Matrum Deivaneri Parappum Sangam Rep. by its Secretary, S.Balasubramanian ... Petitioners Vs.

1 State of Tamil Nadu Rep by its Secretary to Government, Tamil Development and Hindu Religious & Charitable Endowment Department, State of Tamil Nadu, Fort St. George, Chennai - 600 009 2 The Commissioner Tamil Nadu Hindu Religious Charitable Endowments Department, Nungambakkam High Road, Chennai.

3 The Joint Commissioner H.R. & C.E. Department, Mayiladuthurai, Nagapattinam District.

4 Adheenakarthar, Dharumapuri Adheenam Hereditary Trustee of Srivelur Devasthanam and Arulmigu Vaithiyanadha Swamy Thirukoil at Vaitheeswaran Kovil Dharumapuram, Mayiladuthurai.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 2nd Respondent to consider the representation of the petitioner dated 06.04.2016 and take appropriate action to appoint the Executive Officer for the 4th respondent Temple as per the amended Rule viz. conditions for appointment of Executive Officers Rule, 2015 (G.O.Ms.No.260 Tourism Culture and Religious Endowment (RE4-2) dated 06.11.2015)

For Petitioners : Mr.S.Doraisamy For Respondents : Mr.K.V.Dhanapalan for R1 to R3 Additional Government Pleader (HR & CE)

O R D E R

By consent, the writ petition is taken up for final disposal.

2.The petitioner claims to be interested in proper administration and maintenance of Arulmigu Vaithiyanadha Swamy Thirukoil, Vaitheeswaran Kovil, Dharumapuram, Mayiladuthurai, Nagapattinam District. On an earlier occasion, would state that the fourth respondent herein aggrieved by the show cause notice issued by the second respondent dated 24.03.2014, had approached this Court on the ground that in the absence of any specific rules or regulations framed under Section 116 of the HR & CE Act read with Section 45(1) of the said Act, 1959, he is not the competent person to issue such a show cause notice and such contention was accepted and the show cause notice was quashed and challenging the legality of the same, after obtaining leave, filed W.A.No.

1743 of 2014 and notices have been ordered to the respondents, but no interim order is in operation. 3.Mr.S.Doraisamy, learned counsel appearing for the petitioner would submit that subsequently, the Tourism, Culture and Religious Endowment department, had framed conditions for appointment of Executive Officers Rule, 2015, in exercise of powers conferred under Section 116 (2) (i) read with Section 43A and Section 45(1) of the Tamil Nadu Hindu Religious and Charitable Endowments Act and as such, there cannot be any impediment on the part of the second respondent to appoint an Executive Officer to take over the administration of the Temple for the welfare of the said institution as well as for the interest of the worshippers. The petitioner in this regard, has also submitted a representation dated 06.04.

2016 to the respondents and since no orders have been passed, the petitioner is constrained to approach this Court by way of filing of this writ petition.

4.Heard the submissions of Mr.S.Doraisamy, learned counsel appearing for the petitioner and Mr.K.V.Dhanapalan, learned Additional Government Pleader (HR & CE) who accepts notice on behalf of the respondents 1 to 3.

5.Though the petitioner prayed for the larger relief, this Court in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioner, directs the second respondent to consider and dispose of the petitioner's representation dated 06.04.2016, in

accordance with law, after putting on notice, the fourth respondent and pass orders, within a period of ten weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner as well as to the fourth respondent.

6.The writ petition is disposed of accordingly. No costs. pri Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1 The Secretary to Government, Tamil Development and Hindu Religious & Charitable Endowment Department, State of Tamil Nadu, Fort St. George, Chennai - 600 009 2 The Commissioner Tamil Nadu Hindu Religious Charitable Endowments Department, Nungambakkam High Road, Chennai.

3 The Joint Commissioner H.R. & C.E. Department, Mayiladuthurai, Nagapattinam District.

+ 1 cc to Mr.S.Doraisamy, Advocate Sr 41867 KR/1/8/16 W.P.No.25664 of 2016