S.Velusamy v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.12.2022
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU S.Velusamy ... Petitioner -vs1. The Commissioner Hindu Religious and Charitable Endowment Department No.119, Uttamar Gandhi Road Thousand Lights West Nungambakkam Chennai - 600 034.
2. The Joint Commissioner Hindu Religious and Charitable Endowment Department 182, First Floor, Cotton Market Complex Palladam Road, Tiruppur - 641 604.
3. The Executive Officer Arulmigu Ponkaliamman Koil Palladam, Tiruppur - 641 664.
... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Second Respondent herein to implement his order made in Se.Mu.Na.Ka.No.4833/2022/A6 dated 22.06.2022, appointing the Third Respondent herein as 'Thakkar' of the Scheme temple, Arulmigu Thiruneelakandiamman @ Kandiamman Thirukoil at Pongalur, 1/6
Palladam Taluk, Tiruppur District as an interim arrangement until the trustees are appointed as per the Scheme framed.
For Petitioner : Mr. S.Lakshmanasamy For Respondents : Mr. N.R.R.Arun Natarajan Special Government Pleader
O R D E R
Heard Mr. S.Lakshmanasamy, Learned Counsel for the Petitioner and Mr. N.R.R.Arun Natarajan, Learned Special Government Pleader appearing for the Respondents and perused the materials placed on record, apart from the pleadings of the parties.
2.
The Writ Petition had been filed for directing the Second Respondent herein to implement his order made in Se.Mu.Na.Ka.No.4833/2022/A6 dated 22.06.2022, appointing the Third Respondent as the Thakkar of the Scheme Temple, viz., Arulmigu Thiruneelakandiamman @ Kandiamman Thirukoil, Pongalur, Palladam Taluk, Tiruppur District as an interim arrangement until Trustees are appointed as per the Scheme framed. 2/6
3.
Leaned Special Government Pleader appearing for the Respondents, has filed a memo dated 01.12.2022 in which it has been stated as follows:- "2.
The Joint Commissioner, HR & CE, Tiruppur by letter dated 22.06.2022 appointed the Executive Officer of Arulmigu Ponkaliamman Koil, Palladam, Tiruppur as the Fit Person for Arulmigu Neelakandiamman Temple, Pongalur, Tiruppur District.
3.
26.08.2022 Executive Officer of Arulmigu Ponkaliamman Temple, Palladam, Tiruppur took charge as Fit Person in Arulmigu Ponkaliamman Koil, Palladam Tiruppur. 4.
Mrs. P.Anbu Devi who was appointed as Fit Person in Arulmigu Neelakandiamman Temple, Pongalur, Tiruppur District went on maternity leave on 14.11.2022. 5.
Hence the Joint Commissioner, HR & CE, Tiruppur by proceedings dated 14.11.2022 appointed Mr. Ramasamy, Executive Officer of Arulmigu Alkondamal Thirukoil, Somavarapatti, Udumalpet, Tiruppur in the place of Mrs. Anbu Devi who has gone on maternity leave.
6.
The Fit Person Tmt. Anbu Devi was replaced by Thiru. Ramasamy, Executive Officer of Arulmigu Alkondamal Thirukoil, 3/6
Somavarampatti, Udumalpet, Tiruppur. On 29.11.2022 Thiru Ramasamy, has taken charge as Fit Person in Arulmigu Neelakandiamman Temple, Pongalur, Tiruppur District and the trustee has handed over the charge to the Fit Person. The charge list is also annexed.
7.
On 12.10.2022, a proposal for initiation of 78 proceedings was forwarded by the Joint Commissioner, HR and CE, Tiruppur."
In view of the said action taken, nothing remains for further consideration in the Writ Petition, but if the Petitioner he has any further grievance, he is not precluded from working out his rights before the proper forum in the manner recognized by law.
In fine, the Writ Petition is disposed with the aforesaid observations. No costs.
01.12.2022 Maya Index: Yes/No Note: Issue order copy by 05.01.2023.
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To
1. The Commissioner Hindu Religious and Charitable Endowment Department No.119, Uttamar Gandhi Road Thousand Lights West Nungambakkam Chennai - 600 034.
2. The Joint Commissioner Hindu Religious and Charitable Endowment Department 182, First Floor, Cotton Market Complex Palladam Road, Tiruppur - 641 604.
3. The Executive Officer Arulmigu Ponkaliamman Koil Palladam, Tiruppur - 641 664.
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P.D. AUDIKESAVALU, J.
Maya 01.12.2022 6/6