C.Balasubramanian v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.09.2016

CORAM

THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.No.34431 of 2016 C.Balasubramanian ..

Petitioner -vs1.The Commissioner, Chennai.

2.The Joint Commissioner, Office of the Joint Commissioner, Thanjavur.

3.The Commissioner, Office of the Commissioner, Vedharaniyam, Nagapattinam District.

4.The Executive Officer, Arulmigu Angala Parameshwari Aalayam, Panchanadhikulam East, Vedharaniyam, Nagapattinam District.

..

Respondents Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus directing the respondents 1 to 3 to appoint a proper person as Archagar for "Arulmigu Angala Parameshwari Aalayam"

situated at Panchanadhikulam East, Vedharaniyam Taluk, Nagappattinam District.

For Petitioner ::

Ms.Greetha Senthilkumar For Respondents::

Mr.M.Maharaja, Spl.GP (HR&CE)

ORDER

This writ petition has been filed for issuance of a Writ of Mandamus directing the respondents 1 to 3 to appoint a proper person as Archagar for "Arulmigu Angala Parameshwari Aalayam" situated at Panchanadhikulam East, Vedharaniyam Taluk, Nagappattinam District.

2.When this writ petition was taken up, the learned counsel for the petitioner submitted that temple in question has not been properly administered and that an Archagar having acquaintance with Tamil and Sanskrit languages, has to be appointed for conducting poojas in the temple. She further submitted that the petitioner has made a representation dated 08.08.2016 to the respondents in this regard and the same may be directed to be considered by the respondents within a stipulated time frame.

3.Mr.M.Maharaja, Special Government Pleader (HR&CE) takes notice for the respondents and submitted that if the petitioner approaches the Hindu Religious and Charitable Endowments Department with an application under Section 55 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, in respect of the contentions raised in this writ petition, the same would be considered in the manner known to law. 4.In view of the above submission made by the learned Special Government Pleader appearing for the respondents, the petitioner is directed to make an application to the respondents under Section 55 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, in respect of the contentions raised in this writ petition, within a period of two weeks from the date of receipt of a copy of this order. If such application is filed by the petitioner, the respondents are directed consider the same in accordance with law and pass appropriate orders, as expeditiously as possible.

5.The writ petition is disposed of accordingly. No costs. Sd/- Asst.Registrar (CS VII ) /true copy/ Sub Asst. Registrar KM To 1.The Commissioner, Chennai.

2.The Joint Commissioner, Office of the Joint Commissioner, Thanjavur.

3.The Commissioner, Office of the Commissioner, Vedharaniyam, Nagapattinam District.

4.The Executive Officer, Arulmigu Angala Parameshwari Aalayam, Panchanadhikulam East, Vedharaniyam, Nagapattinam District.

1 cc to M/s. Greethe Senthilkumar, Advocate, Sr. 55912 1 cc to Government Pleader, Sr. 56778 W.P.No.34431 of 2016 RK (CO) kk 4/11