N.Balasubramani v. The Commissioner,

2IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 18.11.2019

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR. JUSTICE N.SESHASAYEE WP.No.32189/2019 N.Balasubramani ..

Petitioner

Versus

1. The Commissioner Hindu Religious and Charitable Endowments Department Uthamar Gandhi Salai, Nungambakkam, Chennai 600 034.

2. The Joint Commissioner Hindu Religious and Charitable Endowment Department, Kottaimariamman Temple Salem 636 001.

3. The Assistant Commissioner Hindu Religious and Charitable Endowment, Near Anjaneyar Temple, Namakkal 637 001.

4. The Executive Officer Arulmighu Kandasamy Thirukkoil Kalipatty, Namakkal District. 637 503.

5. The Inspector, Hindu Religious & Charitable Endowment, Sri Kailasanathara Thirukkoil Rasipuram 637 408.

5.Thambi @ Rangasamy ..

Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the 4th respondent to take charge of Arulmighu Vinayagar, Mariamman, Karuppanar and Muniappan Thirukkoil situated at

Kottapalayam Post, Mallasamudram [via], Tiruchengode Taluk in spite of his appointment by the 3rd respondent in letter No.Che.Mu.Nada.Na.Ka.No.3129/2019/A6 dated 03.09.2019 pursuant to the representation of the petitioner dated 15.10.2019. For Petitioner :

Mr.G.Anbalagan For RR 1, 3 to 5:

Mr.M.Maharaja,Spl.GP[HR&CE]

ORDER

[Order of the Court was made by M.SATHYANARAYANAN, J.,] (1)By consent, the writ petition is taken up for final disposal. Mr.M.Maharaja, learned Special Government Pleader [HR&CE] accepts notice on behalf of respondents 1 , 3 to 5. (2)The petitioner claims to be the worshipper of Arulmighu Vinayagar, Mariamman, Karuppanar and Muniappan Thirukkoil situate at Kottapalayam Post, Mallasamudram [via], Tiruchengode Taluk, Namakkal District and according to him, the 3rd respondent, vide proceedings dated 03.09.2019 in Che.Mu.Nada.Na.Ka.No.3129/2019/A6, has appointed the 4th respondent as the Fit Person and though two months had lapsed, the said official is yet to take charge.

(3)The learned counsel for the petitioner would submit that the 6th respondent claims to be the person in-charge of the temple, continues to misappropriate the income and the property of the temple and in this regard, the petitioner along with one Ramakrishnan, had submitted a representation dated 15.10.2019 to the 1st respondent and despite receipt and acknowledgment, no action has been taken to implement the proceedings of the 3rd respondent dated 03.09.2019 and therefore, the petitioner is constrained to approach this Court by filing the present writ petition.

(4)This Court heard the submissions of Mr.M.Maharaja, learned Special Government Pleader [HR&CE] appearing for respondents 1 , 3 to 5 and also perused the materials placed before it. (5)This Court, taking into consideration, the facts and circumstances of the case, directs the 1st respondent to call for a Report from the respondents 3 and 4 and depending upon the contents of the same, shall take appropriate action in accordance with law on the representation of the petitioner dated 15.10.2019 within a period of ten weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner as well as to the 6th respondent herein.

(6)The writ petition stands disposed of accordingly. No costs. s/d- Assistant Registrar(CS VI) True Copy Sub-Assistant Registrar AP To

1. The Commissioner Hindu Religious and Charitable Endowments Department Uthamar Gandhi Salai, Nungambakkam, Chennai 600 034.

2. The Joint Commissioner Hindu Religious and Charitable Endowment Department, Kottaimariamman Temple, Salem 636 001.

3. The Assistant Commissioner Hindu Religious and Charitable Endowment, Near Anjaneyar Temple, Namakkal 637 001.

4. The Executive Officer, Arulmighu Kandasamy Thirukkoil Kalipatty, Namakkal District. 637 503.

5. The Inspector, Hindu Religious & Charitable Endowment, Sri Kailasanathara Thirukkoil, Rasipuram 637 408. +1 CC to Mr.G.Anbalagan, Advocate sr 95646 +1 CC to The Spl. Govt. Pleader sr 96187 WP.No.32189 of 2019 VBA(CO) SP(28/11/2019)