D.Sureshbabu v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 02.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR D.Sureshbabu ... Petitioner Vs

1. The Commissioner, Hindu Religious And Charitable, Endowments Department, No.119, Uthamar Gandhi Road, Nungambakkam, Chennai-600 034.

2. The Joint Commissioner Hindu Religious And Charitable Endowments Department, Arulmigu Veeraraghava Perumal Tirukovil Complex, Tiruppur-641 604

3. The Assistant Commissioner Hindu Religious And Charitable Endowments Department, Arulmigu Veeraraghava Perumal Tirukovil Complex, Tiruppur-641 604

4. The Inspector Sevur Police Station, Gopichettipalayam, Avinashi Road, Sevur-641 605.

...Respondents

Prayer: Writ Petition filed under Article 226 of Constitution of India seeking issuance of Writ of Mandamus, directing the respondents 1 to 3 to consider the representation of the petitioner dated 08.11.2024 to take necessary and appropriate immediate action to bring the Temple

Administration under the control of the HR & CE Department by appointing Fit person under the Act and to appoint Trustees from among the community for the Arulmigu Guruvammal Udanurai Guruvappa Naidu Trukoil, Pongalur Village, Annur Taluk, Tirupur District, in the interest of justice.

For Petitioner : Mr.R.Amardeep For Respondents : Mr.K.Karthikeyan, Government Advocate for the respondents 1 to 3.

Mr.L.Baskaran, Government Advocate (Crl.Side) for fourth respondent

ORDER

The petitioner herein seeks a direction to the respondents 1 to 3 to consider his representation dated 08.11.2024 and take over the administration of Arulmigu Guruvammal Udanurai Guruvappa Naidu Trukoil in Pongalur Village, Annur Taluk, Tiruppur District by the HR & CE Department.

2. It is the case of the petitioner that the above mentioned temple is worshipped by the petitioner and his village people. One Palanisamy and Duraisamy have taken administration of the said temple by

proclaiming themselves as Trustees. It is also stated by the petitioner that the temple accounts have not been maintained properly. Therefore, a representation was submitted by the petitioner on 8.11.2024, requesting the respondents to take over the administration of the temple and the same has not been considered. Hence, he has come before this Court.

3. Mr.K.Karthikeyan, learned Government Advocate takes notice for the respondents 1 to 3 and Mr.L.Baskaran, learned Government Advocate (Crl.Side) takes notice for the fourth respondent.

4. Though the petitioner has made some allegations against the persons in charge of the administration of the temple, they have not been made as parties in the writ petition. Therefore, this court is not inclined to go into the allegations made against the non parties. However, without expressing any opinion on the claim made by the petitioner, the third respondent is directed to consider the representation of the petitioner dated 08.11.2024 and pass final orders on its own merits, within a period of twelve weeks from the date of receipt of copy

of this order, after issuing necessary notice to the petitioner and the persons in charge of the administration of the temple. 5.With the above direction, this writ petition is disposed of. There shall be no order as to costs.

02.01.2025 Index:Yes/No Internet:Yes/No mst To

1. The Commissioner, Hindu Religious And Charitable, Endowments Department, No.119, Uthamar Gandhi Road, Nungambakkam, Chennai-600 034.

2. The Joint Commissioner, Hindu Religious And Charitable Endowments Department, Arulmigu Veeraraghava Perumal Tirukovil Complex, Tiruppur-641 604

3. The Assistant Commissioner, Hindu Religious And Charitable Endowments Department, Arulmigu Veeraraghava Perumal Tirukovil Complex, Tiruppur-641 604.

4. The Inspector, Sevur Police Station, Gopichettipalayam, Avinashi Road, Sevur-641 605.

S.SOUNTHAR, J.

mst W.P.No.38653 of 2024 02.01.2025