Murugesan v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.12.2024
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.36000 of 2024 Murugesan
...Petitioner
Vs.
1. The Commissioner Hindu Religious and Charitable Endowment Department Nungambakkam, Chennai.
2. The Joint Commissioner Hindu Religious and Charitable Endowment Department Endowments Department Salem, Salem District.
3. The Assistant Commissioner Hindu Religious and Charitable Endowment Department Dharmapuri , Dharmapuri District.
4. The Executive Officer Hindu Religious and Charitable Endowment Department Palacode, Dharmapuri District ..Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to consider petitioner representation dated 06.01.2024 with regard to the appointment of non- hereditary trustees to the Sri Pudhur Mariamman koil Temple, Situated at 1/5
palacode Taluk, Dharmapuri District and pass. For Petitioner : Mr.M.R.Elavarasan For respondents 1 to 4 : Mr.K.Karthikeyan Government Advocate (HR & CE)
O R D E R
The petitioner herein seeks a direction to respondents to consider his representation dated 06.01.2024 with regard to the appointment of nonhereditary trustees to a temple called Sri Pudhumariamman Temple situated at Palacode Taluk, Dharmapuri District.
2. The main grievance of the petitioner is that persons belonging to a political party have applied for appointment as non-hereditary trustees. In this regard, the petitioner submitted a representation before the respondents on 06.01.2024 raising his objection with regard to the appointment of persons with political connection as non-hereditary trustees of the temple and the same has not been considered. Hence, the petitioner has before this Court. 3.
Mr.K.Karthikeyan, learned Government Advocate (HR & CE), who takes notice for the respondents 1 to 4, based on written instructions from 4th respondent, submits that 11 persons have applied for the non- hereditary trusteeship. Out of which, five persons were recommended by the District 2/5
Committee and their names were forwarded to the 1st respondent by 2nd respondent on 27.06.2024. The recommendations are under consideration by the 1st respondent.
4. In view of the said position, this Court is inclined to direct the 1st respondent to consider the representation submitted by the petitioner dated 06.01.2024 in the light of the order passed by this Court in suo moto Writ Petition No.574 of 2015 especially direction No.55 in Paragraph No.55 of the said order and order in Review Application (writ) Nos.169 & 170 of 2021( Paragraph No.18.2) and take a final decision.
5. With the above directions, this writ petition stands disposed of. No costs.
05.12.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nr 3/5
To
1. The Commissioner Hindu Religious and Charitable Endowment Department Nungambakkam, Chennai.
2. The Joint Commissioner Hindu Religious and Charitable Endowment Department Endowments Department Salem, Salem District.
3. The Assistant Commissioner Hindu Religious and Charitable Endowment Department Dharmapuri , Dharmapuri District.
4. The Executive Officer Hindu Religious and Charitable Endowment Department Palacode, Dharmapuri District 4/5
S.SOUNTHAR , J.
nr W.P No.36000 of 2024 05.12.2024 5/5