C.Murugan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.08.2016

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.29579 of 2016 C.Murugan ... Petitioner Vs.

1.The Commissioner, Hindu Religious and Charitable Endowments Department, Mahatma Gandhi Road, Nungambakkam, Madras - 600 034.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Salem - 1.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Salem - 1.

4.The Inspector, Hindu Religious and Charitable Endowments Department, Sankari, Salem District.

5.S.Vasu ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st respondent to consider the petitioner's representation dated 28.03.2016 within a time frame as stipulated by this Hon'ble Court.

For Petitioner : Mr.R.Jayaprakash For Respondents : Mr.M.Maharaja for R1 to R4 Special 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 devotee of Arulmighu Koodalur Sri Muthu Muniappan Kovil. The grievance expressed by the petitioner is that under the guise of conducting 'Eruthattam', the fifth respondent had collected huge sum of money and mis-appropriated for himself without providing proper accounts and in this regard, he has submitted a representation dated nill to the third respondent, who in turn forwarded the same to the fourth respondent for conducting an enquiry and to submit a report vide letter dated 20.04.2016, in Na.Ka.No.1528/2016/Aa2 and despite that, no response is forthcoming and hence, came forward to file this writ petition. 3.Heard the submissions of Mr.R.Jayaprakash, learned counsel appearing for the petitioner and Mr.M.Maharaja, learned Special Government Pleader (HR & CE) who accepts notice on behalf of the respondents 1 to 4.

4.Though the petitioner prayed for a larger relief, this Court in the light of the above facts and circumstances and without going into the merits of the same, directs the fourth respondent to act on the communication of the third respondent dated 20.04.2016, in Na.Ka.No.1528/2016/Aa2 and forward a report to the said Official within a period of four weeks from the date of receipt of a copy of this order and the third respondent on receipt of the same, shall put the fifth respondent on notice and thereafter, pass appropriate orders, in accordance with law, within a further period of six weeks thereafter and communicate the decision taken, to the petitioner as well as to the fifth respondent.

5.The writ petition is disposed of accordingly. No costs. 24.08.2016 pri Index: Yes/ No Internet: Yes/ No

M.SATHYANARAYANAN,J.

pri To 1.The Commissioner, Hindu Religious and Charitable Endowments Department, Mahatma Gandhi Road, Nungambakkam, Madras - 600 034.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Salem - 1.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Salem - 1.

4.The Inspector, Hindu Religious and Charitable Endowments Department, Sankari, Salem District.

W.P.No.29579 of 2016 24.08.2016