Sampath Chettiyar v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.12.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 34091 of 2023 and W.M.P. No. 33979 of 2023 Sampath Chettiyar, Hereditary Trustee, Arulmigu Sakthi Pillayar Thirukoil, Kannanur, Chetpet, Chetpet Taluk, ... Petitioner -vs1.The Commissioner, Hindu Religious and Charitable Department, Uthamar Gandhi Salai, Nungambakkam, Chennai 600 034.

2.The Joint Commissioner, Hindu Religious and Charitable Department, Tiruvannamalai.

3.The Assistant Commissioner, Hindu Religious and Charitable Department, Thiruvoodal Street, Tiruvannamalai.

4.The Executive Office/ Fit Person, Arulmigu Renugambal Amman Temple, Padavedu, Polur Taluk, ... Respondents 1/6

Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, forbearing the respondents 2 to 4 from interfering with the management and administration of the temple lying with the petitioner pending disposal of the statutory appeal filed by the petitioner in A.P.No.39 of 2021 on the file of the 1st respondent and grant such other relief.

For Petitioner : Mr. R.Rajarajan For Respondents : Mr. C.Jayaprakash Government Advocate

O R D E R

Heard Mr. R.Rajarajan, Learned Counsel for the Petitioner and Mr. C.Jayaprakash, Learned Government Advocate for the Respondents and perused the materials placed on record, apart from the pleadings of the parties. 2.

The Writ Petition has been filed to restrain the Second and Fourth Respondents from interfering with the management and administration of the Temple of the Fourth Respondent, pending disposal of the appeal in A.P. No. 39 of 2021 filed by the Petitioner before the First Respondent. 2/6

3.

The Learned Government Advocate appearing for the Respondents, on instructions, states that the said appeal has been posted for hearing on 18.12.2023 and a memo dated 12.12.2023 has been filed to that effect. 4.

In such circumstances, the Petitioner, the Fourth Respondent and all other concerned parties shall attend the hearing on the said date as well as on the subsequent dates to which it is adjourned and extend their co-operation for the expeditious disposal of the matter and there shall be atleast two effective hearing every month showing progress of the case. It shall be incumbent upon the First Respondent to afford full opportunity of hearing to all parties concerned following the prescribed procedure in consonance with the principles of natural justice, deal with each of the contentions raised and pass reasoned orders on merits and in accordance with law and communicate the decision taken to them under written acknowledgment. The report of such compliance shall be filed before the Registrar (Judicial) of the Court. 3/6

In the result, the Writ Petition is disposed on the aforesaid terms. Consequently, connected Miscellaneous Petition is closed. No costs. 12.12.2023 Index: Yes/No NCC: Yes/No Note: Issue order copy by 19.02.2024.

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

2.The Joint Commissioner, Hindu Religious and Charitable Department, Tiruvannamalai.

3.The Assistant Commissioner, Hindu Religious and Charitable Department, Thiruvoodal Street, Tiruvannamalai.

4.The Executive Office/ Fit Person, Arulmigu Renugambal Amman Temple, Padavedu, Polur Taluk, Copy to

1. The Registrar (Judicial), Madras High Court, Chennai - 600 104.

4/6

2. Sampath Chettiyar, Hereditary Trustee, Arulmigu Sakthi Pillayar Thirukoil, Kannanur, Chetpet, Chetpet Taluk, 5/6

P.D. AUDIKESAVALU, J.

gsa W.P. No. 34091 of 2023 12.12.2023 6/6