T.R.T.Gunasekaran v. The Joint Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 23.09.2016 Coram THE HON'BLE MR.JUSTICE T.S.SIVAGNANAM Writ Petition No.33361 of 2016 1.

T.R.T.Gunasekaran 2.

Dr.Saravanan.

3.

N.K.Alwar

...Petitioners

Vs.

The Joint Commissioner Hindu Religious and Charitable Endowments Department, Coimbatore.

...Respondent

Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, directing the respondent to appoint the petitioners as the non hereditary trustees of Arulmigu Ramalinga Sowdeeswari Amman Temple, Kovai, in consonance with the scheme settled by the respondent in O.A.No.54/85/B1, dated 30.10.1986, based on their applications dated 11.07.2016 made to the respondent.

For Petitioners : Mr.V.P.K.Gowtham For Respondent : Mr.M.Maharaja Special Government Pleader

O R D E R

Heard Mr.V.P.K.Gowtham, learned counsel appearing for petitioners and Mr.M.Maharaja, learned Special Government Pleader, accepting notice on behalf of the respondent. With the consent on either side, the Writ Petition itself is taken up for disposal.

2.

In this Writ Petition, the petitioners seek for a direction upon the respondent to appoint them as non- hereditary trustees in Arulmigu Ramalinga Sowdeeswari Amman Temple, Kovai. 3.

The direction sought for by the petitioner, in this Writ Petition cannot be issued, as this Court cannot nominate the petitioners as non-hereditary trustees. That apart, when they made representation to the respondent, the respondent has given a reply on 16.08.2016, stating that, as and when the applications are called for, they can apply.

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4.

As rightly pointed by the learned Special Government Pleader for the respondent, Public Interest Litigation is pending before the Hon'ble First Bench of this Court, in which, process of appointments of non-hereditary trustee to the Temples in the State of Tamil Nadu has been questioned on the ground its lacks transparency, as in majority of the cases, politically influential people are appointed, and several of those appointees are either accused involved in criminal case and suffer from various other disqualifications.

5.

In the light of the above as well as the stand taken by the learned Special Government Pleader for the respondent, the prayer sought for by the petitioner in this Writ Petition cannot be granted, as stated above.

6.

In the result, the Writ Petition is dismissed. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar sd To The Joint Commissioner Hindu Religious and Charitable Endowments Department, Coimbatore.

Writ Petition No.33361 of 2016 RJ(CO) EU 06.10.16 https://hcservices.ecourts.gov.in/hcservices/