Temple Poosarigal Welfare Association, v. The State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.12.2019 CORAM :

THE HON'BLE MR. JUSTICE N.ANAND VENKATESH W.P.No.34559 of 2019 and W.M.P.No.35267 of 2019 Temple Poosarigal Welfare Association, represented by its State President P.Vasu Maha Mariappam Chelliamman Kovil Poosari No.17/1, Alagiriammal Thottam, Narasothipatti, Salem-4.

...Petitioner

Vs.

1.The State of Tamilnadu Represented by its Chief Secretary to Government, Tourism, Cultural and Religious Endowments Department, Fort St.George, Chennai 600 009.

2.The Principal Secretary / The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Road, Chennai 600 034.

3.The Village Temple Poosarigal Welfare Board Represented by its Assistant Commissioner / Administrative Officer, Commissioner Office Hindu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Road, Chennai 600 034.

...Respondents

PRAYER:

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 18.09.2019 and thereby directing the respondents to pay pension and other benefits to the village temple poosarigal similar to Archagars and temple employees in the temples controlled by the Hindu Religious and Charitable Endowments Department.

For Petitioner : Ms.Sithirai Anandam For Respondent : Mr.M.Maharaja, Special Government Pleader(HR&CE).

O R D E R

This writ petition has been filed for issuance of Writ of Mandamus directing the respondents to consider the representation made by the petitioner on 18.09.2019 and to pass orders regarding the payment of pension and other benefits to the village temple Poosaris.

2.The petitioner is an Association, which works for the welfare of the village temple Poosaris. The grievance expressed by the Association is that the Archagars and the employees of the temple under the Hindu Religious and Charitable Endowments (HR&CE) Department are receiving pension and other benefits. According to the petitioner Association, the same should also be extended to the village temple Poosaris, which comes under the control of HR&CE Department. Therefore, representations were made to the respondents to extend the benefit to the village temple Poosaris. Since, the same has not been considered, the present writ petition has been filed.

3.Heard Ms.Sithirai Anandam, learned counsel appearing for the petitioner Association and Mr.M.Maharaja, learned Special Government Pleader appearing on behalf of the respondents. 4.Taking into consideration the facts and circumstances of the case and the limited relief that have been sought for in this writ petition, there shall be a direction to the 1st respondent to consider the representation made by the petitioner Association on 18.09.2019 strictly in accordance with law and pass appropriate orders within a period of twelve weeks from the date of receipt of copy of this order. The petitioner Association is directed to give a fresh representation to the 1st respondent along with the copy of the representation dated 18.09.2019 and also a copy of this order.

5.This writ petition is disposed of with the above directions. No costs. Consequently, connected miscellaneous petition is also closed.

Sd/- Assistant Registrar // True Copy// Sub Assistant Registrar rm To 1.The Chief Secretary to Government, The State of Tamilnadu Tourism, Cultural and Religious Endowments Department, Fort St.George, Chennai 600 009.

2.The Principal Secretary / The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Road, Chennai 600 034.

3. The Assistant Commissioner / Administrative Officer, The Village Temple Poosarigal Welfare Board, Commissioner Office, Hindu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Road, Chennai 600 034.

+1cc to Mr.S.Sithirai Anandam, Advocate, SR.No.104141. +1cc to Government Pleader, SR.No.104620.

W.P.No.34559 of 2019 and WMP.No.35267 of 2019 NR(CO) CSR: 30.01.2020