M.Periyasamy Poosari, v. The Government Of Tamilnadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.10.2016
CORAM:
THE HONOURABLE MR. JUSTICE B.RAJENDRAN W.P.No.37250/2016 & WMP.Nos.31970 & 32056/2016 M.Periyasamy Poosai ..
Petitioner Vs.
1.The Secretary Government of Tamilnadu Hindu Religious & Charitable Endowment Department, Chennai-9.
2.The Commissioner Hindu Religious & Charitable Endowment Department, Chennai.
3.The Joint Commissioner Hindu Religious & Charitable Endowment Department, Salem.
4.The Executive Officer Hindu Religious & Charitable Endowment Department, Edapadi Post, Sankiri Taluk Salem District.
5.Mr.A.Mohanasundaram Chairman, The Kalvadangam Arulmigu Angalamman Worshipping Trust, 20/17, Muthuvellappa St., Erode.
6.Mahibalan ..
Respondents
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus directing the 1 to 4 respondents to take appropriate action against 5th and 6th respondents for their illegal collection of money in the name golden car to the Kalvadangam Sri Angalamman temple.
For Petitioner :
Mr.S.Muthukrishnan For RR1 to 4 :
Mr.M.Maharaja, Spl.GP [HR&CE]
ORDER
Heard the learned counsel for the petitioner and Mr.M.Maharaja, learned Special Government Pleader [HR&CE] who accepts notice on behalf of the respondents 1 to 4 and with the consent on either side, the writ petition is taken up for final disposal. The petitioner who is the hereditary trustee of Sri Angalamaan Temple, is aggrieved by the acts of the respondents 5 and 6 in collecting gold and monies from the devotees under the guise of donating a gold car to the temple without the permission of the 2nd respondent herein and that no action has been initiated by the respondents 1 to 4 against the respondents 5 and 6 herein. It is his further grievance that so far, 15 kilos of gold and Rs.10 crores have been collected by them and that the 6th respondent has diverted the said collections to the 5th respondent / Trust in which, he is holding the
post of Honarary President. Hence, seeking to initiate action against the respondents 5 and 6, the petitioner has come forward to file this present writ petition seeking direction upon the respondents 1 to 4 to take legal action against the respondents 5 and 6. A perusal of the affidavit filed in support of this writ petition as well as the materials placed before this Court in the form of typed set of documents, in particular, page No.26, it is evident that an enquiry in respect of the very same golden car, is already pending before the Joint Commissioner, HR&CE Department, Salem, the 3rd respondent herein, on the complaint made by one Kannan and it is always open to the petitioner to approach the 3rd respondent herein and express his grievance and participate in the said pending enquiry. In view of the above observation, the writ petition is closed, giving liberty to the petitioner to participate in the enquiry pending before the Joint Commissioner, HR&CE, Salem and put forth all his grievances. No costs. Consequently, the connected miscellaneous petitions are also closed.
25.10.2016 AP
B.RAJENDRAN, J., AP To 1.The Secretary Government of Tamilnadu Hindu Religious & Charitable Endowment Department, Chennai-9.
2.The Commissioner Hindu Religious & Charitable Endowment Department, Chennai.
3.The Joint Commissioner Hindu Religious & Charitable Endowment Department, Salem.
4.The Executive Officer Hindu Religious & Charitable Endowment Department, Edapadi Post, Sankiri Taluk Salem District.
WP.No.37250/2016 25.10.2016