A.E.Jeyabalan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :21.11.2024

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.34136 of 2024

1. A.E.Jeyabalan 2.M.Govindaraj

3. V.M.Kuppaiah 4.S.Hariharan 5.M.Mohan

...Petitioners

Vs.

1. The Commissioner Hindu Religious and Charitable Endowment No.119, Uthamar Gandhi Road, Nungambakkam Chennai-600 034.

2. P.Anandan

3. S.Ashok Kumar .Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of Indiafor issuance of a Writ of Mandamus, directing the 1st respondent to consider the petitioners representation dated 18.09.2024 and to take appropriate action to remove the respondents 2 and 3 from the temple management and handover the key to the petitioners.

For Petitioner : Mr.V.Perumal For Respondent 1 : Mr. K.Karthikeyan Government Advocate (HR & CE) 1/4

O R D E R

The petitioners herein seek a direction to 1st respondent to consider the petitioners' representation dated 18.09.2024 and take appropriate action for removal of respondents 2 and 3 from the management of the temple namely Sri Arulmigu Vinnai Theetha Vinayagar situatted at No.22, Sasthiri Nagar Extension, Ponniyamman Medu, Chennai-600 110.

2. It is the case of the petitioners that at present, the above said temple is under the management of the private respondents and according to the petitioners, the accounts of the temple have not been maintained for the past 7 years properly. Therefore, the petitioners made a representation before the 1st respondent seeking necessary action against the private respondents and the same has not been considered. Hence, the petitioners have come before this Court.

3. Mr. K.Karthikeyan, learned Government Advocate (HR & CE) takes notice for the 1st respondent submits that the representation submitted by the petitioners will be considered in accordance with law. 2/4

4. In view of the same, without going into the merits of the claim made by the petitioners, the 1st respondent is directed to forward the representation submitted by the petitioners dated 18.09.2024 to the jurisdictional Assistant Commissioner within a period of two weeks from the date of receipt of copy of this order. The jurisdictional Assistant Commissioner shall issue notice to the petitioners and the respondents 2 and 3 and pass necessary orders on merits within a further period of twelve weeks from the date of receipt of representation.

5. With the above directions, this writ petition stands disposed of. No costs.

21.11.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nr S.SOUNTHAR , J.

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nr To The Commissioner Hindu Religious and Charitable Endowment No.119, Uthamar Gandhi Road, Nungambakkam Chennai-600 034.

W.P No.34136 of 2024 21.11.2024 4/4