M.Saravanan Gurukal v. The Secretary To Govt

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :03.10.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No. 28866 of 2019 M.Saravanan Gurukal ..Petitioner vs 1.The Secretary to Government, Hindu Religious and Charitable, Endowment Department, Secretariat, Fort St. George, Chennai - 600 009.

2.The Commissioner, Hindu Religious and Charitable, Endowment Department, No.119, Uthamar Gandhi Salai, Thousand Lights West, Nungambakkam, Chennai - 600 034.

3.The Assistant Commissioner, Arulmigu Vadapalani Aandavar Thirukoil, Vadapalani, Chennai - 600 026.

.. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents 1 and 2 to permit the petitioner to perform his duty as Archakar in Arulmighu Vadapalani Andavar Thirukoil, Vadapalani, Chennai by considering his representation dated 29.08.2019.

For Petitioner : M/s.R.S.Maitreya For Respondents : Mr.M.Maharajan Special Government Pleader (HR & CE)

O R D E R

The prayer sought for in this Writ Petition is to direct the respondents 1 and 2 to permit the petitioner to perform his duty as Archakar in Arulmighu Vadapalani Andavar Thirukoil, Vadapalani, Chennai by considering his representation dated 29.08.2019.

2. The case of the petitioner is that his father had worked as Murai Archakar in the Arulmigu Vadapalani Andavar Thirukoil till 2004. The petitioner was appointed as Archakar on 20.10.2002 based on the resolution passed in Resolution No.191 dated 16.10.2002 by the fit person. Thereafter, the petitioner was not allowed inside the temple for performing his duty as Archakar by the 3rd respondent. Therefore, the petitioner made a representation on 29.08.2019 to the 2nd respondent to permit him to perform his duty as Arhcakar in Arulmigu Vadapalani Andavar Thirukoil, Vadapalani, Chennai. However, till date the said representation was not considered. Hence, the Writ Petition has been filed.

3. The learned counsel for the petitioner would submit that it would be suffice to issue direction to the 2nd respondent to dispose of the representation dated 29.08.2019 in accordance with law.

4. Considering the facts and circumstances of the case and the limited request made by the learned counsel for the petitioner, I am inclined to issue direction to the 2nd respondent to dispose of the representation dated 29.08.2019, if not disposed already, within a period of twelve (12) weeks from the date of receipt of a copy of this order. With the above direction, the Writ Petition is disposed of. No costs. Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar kan

To 1.The Secretary to Government, Hindu Religious and Charitable, Endowment Department, Secretariat, Fort St. George, Chennai - 600 009.

2.The Commissioner, Hindu Religious and Charitable, Endowment Department, No.119, Uthamar Gandhi Salai, Thousand Lights West, Nungambakkam, Chennai - 600 034.

3.The Assistant Commissioner, Arulmigu Vadapalani Aandavar Thirukoil, Vadapalani, Chennai - 600 026.

+1cc to Mr.R.Jayaprakash, Advocate SR.No.85029 +1cc to Government Pleader SR.No.85847 W.P.No. 28866 of 2019 SVI(CO) GMY(06/11/2019)