Arulmigu Aayee Amman Venduva Kula Trust v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.11.2022

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. No. 31159 of 2022 Arulmigu Aayee Amman Venduva Kula Trust (Kongu Velalar), (Regn. No. 387/1999), Rep. by its Secretary M. Selvaraju, Mill Compound, PN Road, Thiruppur, Thiruppur District - 641 602.

... Petitioner -vs1. The Commissioner, Nungambakkam, Chennai - 600 034.

2. The Joint Commissioner, Thiruppur, Thiruppur District.

3. The Assistant Commissioner, Thiruppur, Thiruppur District.

4. The Inspector, Uthukuli, Uthukuli Taluk, Thiruppur District.

... Respondents 1/6

Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Second and Third Respondents to appoint the persons recommended by the Petitioner Trust in its letter dated 18.10.2022 as Non-Hereditary Trustees of the temple namely Arulmigu Aayee Amman Temple, Papparambalayam Village, Sarcar Kathanganni Village, Uthukuli Taluk, Thiruppur District. For Petitioner :

Mr. S.Selvaraj For Respondents :

Mr. N.R.R.Arun Natarajan, Special Government Pleader

O R D E R

Heard Mr. S.Selvaraj, 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 has been filed for directing the Second and Third Respondents to appoint the persons recommended by the Trust of the Petitoiner in its letter dated 18.10.2022 as Non-Hereditary Trustees of the Temple, viz., Arulmigu Aayee Amman Temple, Papparambalayam Village, Sarcar Kathanganni Village, Uthukuli Taluk, Thiruppur District. 2/6

3.

Learned Special Government Pleader appearing for the Second Respondent has filed a memo dated 28.11.2022 in which it has been stated as follows:- "

It is submitted that the appointment of Non Herieditary Trustees for Arulmigu Aayee Amman Temple, Pappampalayam Village, Sarkar Kathanganni Village, Uthukuli Taluk, Tiruppur will be done strictly as per the scheme decree framed as per the order of the Joint Commissioner, HR & CE Department, Tiruppur in O.A. No. 35 of 2000/B1 dated 21.02.2007.

Pursuant to the application received for appointment of Non Hereditary Trustees, the Joint Commissioner, HR & CE Department, Tiruppur by communication dated 12.07.2022 directed the Inspector, HR & CE Department, Uthukuli to verify the application and submit the report. Pursuant to the same the Inspector, HR & CE Department, Uthukuli has submitted the report on 19.10.2022 and it has been pending before the Joint Commissioner, HR & CE Department, Tiruppur for appointment of Non Hereditary Trustees.

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It is submitted that the process for appointment of Non Hereditary Trustees for Arulmigu Aayee Amman Temple, Pappampalayam Village, Sarkar Kathanganni Village, Uthukuli Taluk, Tiruppur will be completed within a period of eight weeks." In view of the aforesaid action taken, nothing remains for further consideration in the Writ Petition, but it would not preclude the Petitioner, if he has any further grievance, from working out its rights before the proper forum in the manner recognized by law.

4.

In fine, the Writ Petition is disposed with the aforesaid observations. Consequently, the connected Miscellaneous Petition is closed. No costs. 28.11.2022 kv Index: Yes/No Note: Issue order copy by 05.01.2023.

To

1. The Commissioner, Nungambakkam, Chennai - 600 034.

2. The Joint Commissioner, Thiruppur, Thiruppur District.

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3. The Assistant Commissioner, Thiruppur, Thiruppur District.

4. The Inspector, Uthukuli, Uthukuli Taluk, Thiruppur District.

5/6

P.D. AUDIKESAVALU, J.

kv 28.11.2022 6/6