E.Siva v. Hindu Religious And Charitable

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.12.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU E.Siva ... Petitioner -vsHindu Religious & Charitable Endowment Department, Represented by its Assistant Commissioner, Arulmighu Kottai Mariyamman Temple Complex, Salem - 636 001.

... Respondent Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Respondent to consider and pass orders of the representation of the Petitioner dated 12.07.2023.

For Petitioner :

Mr. K.Selvaraj For Respondent :

Mr. N.R.R.Arun Natarajan, Special Government Pleader

O R D E R

Heard Mr. K.Selvaraj, Learned Counsel for the Petitioner and Mr. N.R.R.Arun Natarajan, Learned Special Government Pleader, who takes notice for the Respondent, and perused the materials placed on record, apart 1/4

from the pleadings of the parties.

2.

The grievance ventilated by the Petitioner is that he had made a representation dated 12.07.2023 to permit the Petitioner to administer Arulmigu Balamurugan Temple, Salem, but as it did not evoke any response, he has filed this Writ Petition.

3.

Having regard to the limited nature of relief sought, this Court without expressing any view on the merits of the controversy involved, passes the following order:- (i) the concerned authority shall immediately examine the representation dated 12.07.2023 made by the Petitioner including ascertaining as to whether the Petitioner would be entitled for the relief claimed; (ii) if it is found that any other details or supporting documents is necessary, the deficiencies in that regard shall be informed in writing to the Petitioner requiring the same to be furnished within a time frame of not less than 15 days for the same;

(iii) in the event of not being satisfied with the requirements even thereafter, an enquiry shall be conducted affording full opportunity of personal hearing to the Petitioner and all other persons concerned to explain their position in that regard;

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(iv) a reasoned order shall be passed dealing with each of the contentions raised on merits and in accordance with law and the decision taken communicated under written acknowledgment; and (v) the report of such compliance shall be filed by 31.03.2024 before the Registrar (Judicial) of the Court.

In the result, the Writ Petition is disposed on the aforesaid terms. No costs.

21.12.2023 Index: Yes/No NCC: Yes/No Note: Issue order copy by 08.01.2024.

vjt To The Assistant Commissioner, Hindu Religious & Charitable Endowment Department, Arulmighu Kottai Mariyamman Temple Complex, Salem - 636 001.

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

2.E.Siva No.2, Murugan Kovil Vattam, Panangadu, Andipatti Sivadhapuram, Salem 636 307.

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P.D. AUDIKESAVALU, J.

vjt 21.12.2023 4/4