Kovil Pusarigal Nala Sangam, v. The Principal Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.12.2024
CORAM
THE HONOURABLE MR.JUSTICE S.SOUNTHAR W.P.No.38056 of 2024 and W.M.P.No.41155 of 2024 Kovil Pusarigal Nala Sangam (Reg. No.121/2005) No.171/1, Azagiri Ammal Thottam Narasothipatti, Salem-636 004 Rep. By its President P.Vasu ... Petitioner vs.
1. The Principal Secretary to Government Tourism, Culture and Religious Endowments Department Government of Tamil Nadu, Secretariats, Fort St.George, Chennai-600 009.
2. The Commissioner Hindu Religious and Charitable Endowment Department Nungambakkam, Chennai-600 034.
.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the representation dated 12.04.2024 and pass orders in accordance with law within the time limit as to be stipulated by this Court For Petitioner : Mr.G.Sumitra For Respondents : Mr.S.Ravichandran Additional Government Pleader 1/6
O R D E R
By consent of both the learned counsel appearing for the petitioner as well as respondents, this writ petition is disposed of at the admission stage itself.
2. The writ petition is filed seeking a direction to respondents to consider the representation of the petitioner association dated 12.04.2024 and pass final orders within a time stipulated by this Court.
3. It is the case of the petitioner that in number of non-listed temples under the control of the respondents, the priests appointed by the temple authorities have been in service for the past 30 years and their services have not been recognised or regularised by the 2nd respondent department. Therefore, the petitioner submitted a representation dated 12.04.2024 seeking regularisation of temple employees working in various non-listed temples under the control of 2nd respondent. The said representation has not been considered. Hence, the petitioner association has come before this Court.
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4. Under Section 55 of HR & CE Act, the authority to appoint servants of the temple is the trustee of the respective temple. Therefore, the relief sought for by the petitioner association regarding regularisation of employees working in non-listed temples has to be considered only by the trustees of the individual temples and the respondents 1 and 2 are not appointing authorities. Therefore, they cannot pass any order for regularisation of services of the employees of non-listed temples. The decision regarding the regularisation of the service shall be taken only by the appointing authority. In such circumstances, this Court is not inclined to issue any direction to respondents to consider the representation of the petitioner.
Further, it is settled law that in case of service grievance, the association cannot file a writ petition and only individual employees are entitled to invoke the jurisdiction of this Court. Therefore, this Court is not inclined to entertain the prayer sought for by the petitioner. Accordingly, the writ petition stands dismissed. However, it is always open to the individual employees to make necessary representation before the competent authorities namely trustees of the individual temples.
considered by the trustees of the respective temples in accordance with law.
5. With the above directions, the Writ Petition stands dismissed. No costs. Consequently, the connected writ miscellaneous petition is closed. 13.12.2024 Index:Yes/No Internet:Yes/No nr To
1. The Principal Secretary to Government Tourism, Culture and Religious Endowments Department Government of Tamil Nadu, Secretariats, Fort St.George, Chennai-600 009.
2. The Commissioner Hindu Religious and Charitable Endowment Department Nungambakkam, Chennai-600 034.
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S.SOUNTHAR, J.
nr W.P.No.38056 of 2024 and W.M.P.No.41155 of 2024 13.12.2024 5/6
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