E.P.Parthasarathy v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :25.08.2023

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.25173 of 2023 E.P. Parthasarathy

...Petitioner

Vs.

1.

1. The Secretary to Government Religious Endowments, Tamil Culture and Tourism Department, Fort St. George, Secretariat, Chennai - 600 009.

2. The Officer of Special Duty, Hindu Religious & Charitable Endowments Administration Department, Mahatma Gandhi Road, Chennai - 600 034.

3. The Commissioner, Hindu Religious & Charitable Endowments Administration Department, Mahatma Gandhi Road, Chennai - 600 034.

4. The Joint Commissioner Chennai City II, Hindu Religious & Charitable Endowment Department, R.K. Mutt Road, Mylapore, Chennai 600 004.

5. Sri Prasanna Venkata Narasimha Perumal Temple, 1/6

Represented by its Board of Trustees, Perumal Koil Street, Saidapet, Chennai - 600 015 ..Respondents.

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the first respondent to consider the petitioner's representation dated 05.07.2023 and to supervise the flow of funds, budget proposals, expenses incurred, etc. with over all supervision for the proposed renovation of the Rajagopuram of Sri Prasanna Venkata Narasimha Perumal Temple and connected works, including the Consecration / Mahasamproshanam of this ancient temple.

For Petitioner : Mr.R.Thanigaiarasu For Respondents 1 to 4 : Mr.K.Karthikeyan, Government Advocate For Respondent 5 : Mr.L.Dhamodharan

O R D E R

The petitioner herein seeks a direction to the 1st respondent to consider his representation dated 05.07.2023 and supervise the flow of funds, budget proposals, expenses incurred, etc. in respect of the renovation of Rajagopuram of Sri Prasanna Venkata Narasimha Perumal Temple including consecration of the said temple and pass necessary orders.

2/6

2.It is the case of the petitioner that Sri Prasanna Venkata Narasimha Perumal Temple is a denominational temple established and administered by Balija Chetty community people residing in and around Saidapet over 800 years ago. The 5th respondent, who is in Management of the temple now has begun the renovation of Rajagopuram by collecting donations from various persons out side the community people, who established the temple. The petitioner also alleged certain other irregularities in collection of funds by the existing trustees. The petitioner appeared to have sent a representation dated 05.07.2023 to the respondents requesting to supervise the flow of funds, budget proposals, expenses incurred towards renovation, etc. and the same has not been considered by the respondents in accordance with law. 3.Mr.K.Karthikeyan, learned Government Advocate takes notice for the respondents 1 to 4. Mr.L.Dhamodharan, learned counsel takes notice for the 5th respondent.

3/6

4.The learned Government Advocate appearing for the respondents 1 to 4, on instructions submits that the representation submitted by the petitioner will be considered on its own merits.

5.Mr.L.Dhamodharan, learned counsel appearing for the 5th respondent submits that it is a denominational temple and therefore, the respondents 1 to 4 have got no control over the temple.

6.The petitioner already submitted a representation to the respondents and the same has not been considered by the respondents in accordance with law. In these circumstances, this Court is inclined to issue a direction to the 4th respondent to consider the representation of the petitioner dated 05.07.2023 and pass final orders on merits and in accordance with law after issuing notice to the 5th respondent within a period of eight (8) weeks from the date of receipt of a copy of this order.

4/6

7.With this direction, the writ petition stands disposed of. No costs. 25.08.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nti 5/6

S.SOUNTHAR , J.

nti To

1. The Secretary to Government Religious Endowments, Tamil Culture and Tourism Department, Fort St. George, Secretariat, Chennai - 600 009.

2. The Officer of Special Duty, Hindu Religious & Charitable Endowments Administration Department, Mahatma Gandhi Road, Chennai - 600 034.

3. The Commissioner, Hindu Religious & Charitable Endowments Administration Department, Mahatma Gandhi Road, Chennai - 600 034.

4. The Joint Commissioner Chennai City II, Hindu Religious & Charitable Endowment Department, R.K. Mutt Road, Mylapore, Chennai 600 004.

W.P No.25173 of 2023 25.08.2023 6/6