S.Charulatha, v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 16.03.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.25211 of 2013 S.Charulatha ... Petitioner vs.

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

2. The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai 600 034.

3. Executive Officer, Arulmighu Dhandeeswarar Thirukkovil, Velachery, Chennai 600 042.

4.K. Karunakaran 5.K.Sunil Kumar S/o.K.Karunakaran 6.K.Anil Kumar S/o.K.Karunakaran 7.K.Vinod Kumar S/o.K.Karunakaran R4 to R7 impleaded as per order dtd.08.10.2013 in M.P.No.1/2013 in W.P.25211/13 ... Respondents Writ petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing 2nd respondent to forthwith enquire and submit a report upon the petitioner's representation dated 05.02.2013 which has been forwarded to him and comply with the directions of the 1st respondent in his proceedings

bearing O.M.No.10147/2013/R2-2 dated 23.02.3013 and his proceedings bearing Na.Ka.No.67922/2012/R.2 dated 11.03.2013. For Petitioner : Mrs. P.T.Asha for M/s.Sarvabhauman Associates For Respondents: Mr.M.L.Mahendran, Government Advocate [R1& R2] M/s.A.S.Kailasam Associates [R3] Mr.L.Chandrakumar [R7] No appearance [R4 to R6]

O R D E R

Heard learned counsel for petitioner, learned Government Advocate and learned counsel for private respondents. With the consent of either side, this Writ Petition itself is taken up for final disposal at the admission stage.

2. The petitioner has filed this Writ Petition praying to issue a Writ of Mandamus to direct the second respondent to forthwith enquire and submit a report upon the petitioner's representation dated 05.02.2013 which has been forwarded to him.

3. It is seen from the records placed in the typed set of papers that the petitioner's request has been considered by the authorities concerned and the first respondent has directed the second respondent to take appropriate action on the same by conducting enquiry vide proceedings dated 02.07.2013 followed by another communication dated 10.07.2013.

4. Learned counsel for the petitioner as well as the learned counsel for the private respondents submitted that both parties may be enquired into by the second respondent and thereafter, the authorities concerned may be directed to take proper action in accordance with law.

5. Learned Government Advocate submits that the second respondent would consider the request of the petitioner by conducting due enquiry and after hearing the parties.

6. In the light of the above, there shall be a direction to the second respondent to enquire the petitioner's representation dated 05.02.2013, after issuing notice to the petitioner as well as to respondents 4 to 7 and after hearing the parties, pass orders on merits and in accordance with law within a period of three months from the date of receipt of copy of this order.

With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar gm/srn To 1.The Commissioner, Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai 600 034.

2.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai 600 034.

3.The Executive Officer, Arulmighu Dhandeeswarar Thirukkovil, Velachery, Chennai 600 042.

+ 1 cc to Mr.Sarvabhauman, Advocate SR.14577 + 1 cc to Mr.L.Chandrakumar, Advocate SR.14631 + 1 cc Government Pleader Sr.144707 CTK(CO) EU 30.03.2015 W.P.No.25211 of 2013