S.Sumathi v. The Principal Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.12.2022
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.No.34371 of 2022 and W.M.P.No.33831 of 2022 1.Smt.S. Sumathi 2.E.Shanthi 3.K.Mahalakshmi 4.A.Selvakumar 5.S.KasturiBai 6.V.RamaniBai ... Petitioner vs.
1. The Principal Secretary, Tourism, Culture and Religious Endowments Department Government of Tamil Nadu, Secretariat, Fort St.George Chennai 600009
2. The Commissioner, Hindu Religious and Charitable Endowments Department, 119, Nungambakkam High Road, Nungambakkam, Chennai 600034.
3. The Joint Commissioner Hindu Religious and Charitable Endowments Department, 119, Nungambakkam High Road, Nungambakkam, Chennai 600034.
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4. A. Gajapathy
5. A. Ravi
6. A. Venkatesan
7. C.B.Subramania Chettiyar
8. C.B.Prabhakaran
9. S.Shankar 10.Kanniappa 11.Ganesan 12.B.Rani 13.M.Prema 14.P.Latha 15.S.Vijayalakshmi 16.C.Anusuya 17.V.Banumathy 18.A. Baskar ... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 2nd and 3rd Respondents to conduct enquiry in the petitioners representation dated 12.11.2022 and direct them to appoint a Fit Person to A/m. Kadambadi Chinnamman Temple situate at Jayaram Chetty Street, West Saidapet, Chennai 600015. For Petitioner : Mr.V. Srikanth For Respondents : Mr.N.R.Arun Natarajan Special Government Pleader [For R1 to R3]
ORDER
This writ petition has been filed to direct the 2nd and 3rd Respondents 2/5
to conduct enquiry in the petitioners representation dated 12.11.2022 and to direct them to appoint a Fit Person to A/m. Kadambadi Chinnamman Temple situate at Jayaram Chetty Street, West Saidapet, Chennai 600015.
2. It is the main contention of the learned counsel for the Petitioner that there are serious allegations found against some of the trustees and in the enquiry conducted by the Commissioner on 14.07.2024, he directed the Audit Wing of the HR & CE Department to conduct the Special Audit and file a report. Despite the Order of the Commissioner no action has been taken. However, now there is proposal for re-election and the persons against whom serious allegations made are allowed to participate in the election. Hence, seeks direction for enquiry on his representation dated 12.11.2022 and direct the respondents to appoint a Fit Person to the temple.
3. Whereas the learned Special Government Pleader takes notice for Respondent Nos.1 to 3 and on instructions, he submitted that the period of trustees has already over and the Department will take steps to appoint a Fit Person to the temple as per law. It is also submitted 3/5
by the learned Counsel Mr.Arun Natarajan that pursuant to the order of the Commissioner dated 14.07.2014 enquiry is pending and the same will be completed as per law. It is further submitted by the learned Special Government Pleader that some of the trustees had filed writ petition challenged the order of the commissioner and the same was dismissed. Writ Appeal also dismissed. Now in respect of other trustees the enquiry will be completed as per law and Fit Person will be appointed.
4. In such a view of the matter the Respondents 1 to 3 are directed to consider the representation of the petitioner within a period of three months from the date of receipt of copy of this Order and take action as per law.
5. With the above directions, this Writ Petition is disposed of. No costs. Consequently, connected M.P.is closed. 23.12.2022 (2/2) Index : yes/no ggs 4/5
N.SATHISH KUMAR, J.
ggs WP.No.34371 of 2022 23.12.2022 5/5