A.Radhakrishnan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 09.08.2016 Coram:

The Honourable Mr.SANJAY KISHAN KAUL, CHIEF JUSTICE and The Honourable Mr.Justice R.MAHADEVAN W.P.No.24611 of 2013 A.Radhakrishnan ...

Petitioner

Versus

1.The Commissioner Hindu Religious and Charitable Endowment Department, Chennai 600 034.

2.The District Collector, Salem District, Salem-636 001.

3.The Sub Divisional Magistrate-cumRevenue Divisional Officer, Salem.

4.The Tahsildar, Salem Taluk, Salem.

5. The Joint Commissioner, Hindu Religious and Charitable Endowment Department Salem 636 001.

6.The Assistant Commissioner/ The Executive Officer, Arulmighu Sugavaneshwarar Swamy Thirukoil Salem 636 001.

... Respondents Petition filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, to direct the respondent No.6 to fill up the vacancies of the Archagars in the respondent temple and to ensure the Archagars to be present in all the Deities on routine basis so as to enable the devotees to worship the God and Goddess in the respondent temple.

For Petitioner ::: Mr.A.Radhakrishnan Party-in-Person For Respondents ::: Mr.M.Maharaja, SPl.WP(HRUCE) for R.1, R.5 and R.6 Mr.T.N.Rajagopalan for R.2 to R.4 (Spl.WP)

O R D E R

(The Order of the Court was made by The Hon'ble The Chief Justice) The petitioner through this Public Interest Litigation, seeks a direction against the Hindu Religious and Charitable Endowment (HR&CE) Department to fill up the vacancies of the Archagars in respect of the Respondent No.6/Temple.

2. A counter affidavit filed by the 6th respondent shows that due to death and retirement, out of 9 regular Archagars, 7 posts are vacant. However, ten substitute Archagars are stated to have been appointed pending regular appointments. It is also averred that the temple proposed to HR&CE department to create ten Archagar posts instead of earlier sthanika system, in which order is awaited.

3. The aforesaid affidavit is affirmed on 18.11.2013 and thus, almost three years have passed.

4.We thus, dispose of the writ petition with a direction to the 6th respondent and HR&CE Department to file a compliance report before the Court as to when will all the HR&CE Department posts be filled in, how many are working at present and in what status, and whether the proposal of the 6th respondent has been accepted by the HR&CE department or not. The compliance report be filed within three weeks. Parties to bear their own costs.

List for compliance on 9th September, 2016.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.The Commissioner,Hindu Religious and Charitable Endowment Department, Chennai 600 034.

2.The District Collector, Salem District.

3.The Sub Divisional Magistrate-cumRevenue Divisional Officer, Salem.

4.The Tahsildar, Salem Taluk, Salem.

5. The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Salem 636 001. 6.The Assistant Commissioner/The Executive Officer, Arulmighu Sugavaneshwarar Swamy Thirukoil, Salem 636 001.

+1 cc to Govt.Pleader,sr.45773.

kji(co) krd 11/8 W.P.No.24611 of 2013