Madras High CourtWP/30355/2022disposed of

K. Sundar v. The Commissioner

2023-01-11Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR K.Sundar ... Petitioner Vs.

1.The Commissioner Hindu Religious and Charitable Endowment (HR&CE) Mahatma Gandhi Road Nungambakkam Chennai-600 034 2.The Assistant Commissioner Hindu Religious and Charitable Endowment (Hr&CE) JCP Nagar Chengalpet-603 001 Chengalpet District 3.The Executive Officer/Inspector Sri Nithyakalyana Perumal Temple Thiruvidandai-603 112 Thiruporur Taluk Chengaplet District 4.K.Moorthi ... Respondents

PRAYER: Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of mandamus directing the respondents 1 to 3 to conduct an enquiry and take appropriate action against the 4th respondent for his illegalities, irregularities and misappropriation of temple funds based on the petitioner's complaint dated 01.09.2022. For Petitioner : Mr.M.R.Jothimanian For Respondents : Mr.K.Karthikeyan, AGP for R1 to 3

O R D E R

This writ petition has been filed to direct the the respondents 1 to 3 to conduct an enquiry and take appropriate action against the 4th respondent for his illegalities, irregularities and misappropriation of temple funds based on the petitioner's complaint dated 01.09.2022.

2. The case of the Writ Petitioner is that the 4th respondent has misappropriated the funds of the temple. Therefore, he seeks a mandamus.

3. Learned counsel appearing for the respondents 1 to 3 on instructions filed the report of the 2nd respondent stating that based on the complaint of the petitioner, the 2nd respondent enquired the 4th respondent and found that the compliant is nothing but due to the previous enmity

against the 4th respondent. The report filed also indicate that allegations made in the Writ Petition is not established as the enquiry has already been completed, there cannot be any further directions to the respondents. Accordingly, the Writ Petition is disposed of. No costs. 11.01.2023 kpr Index:Yes/No Speaking/Non-speaking order To 1.The Commissioner Hindu Religious and Charitable Endowment (HR&CE) Mahatma Gandhi Road Nungambakkam Chennai-600 034 2.The Assistant Commissioner Hindu Religious and Charitable Endowment (Hr&CE) JCP Nagar Chengalpet-603 001 Chengalpet District 3.The Executive Officer/Inspector Sri Nithyakalyana Perumal Temple Thiruvidandai-603 112 Thiruporur Taluk Chengaplet District

N. SATHISH KUMAR, J.

kpr 11.01.2023