N.Rathanavel v. The Commissioner, Hindu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.01.2025

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.2014 of 2025 N.Rathanavel

...Petitioner

Vs.

1.The Commissioner, Hindu Religious And Charitable Endowments Administrative Department, Nungambakkam High Road, Chennai 2.The Joint Commissioner Hindu Religious And Charitable Endowments Administrative Department, Dr. Balasundaraam Road, Coimbatore 3.The Assistant Commissioner, Coimbatore Hindu Religious And Charitable Endowments Administrative Department, Coimbatore 4.A. Ravindran Chettiar ..Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 2 and 3 to consider and decide on petitioner's application dated 12.3.2019 for appointment as trustees in accordance with the scheme and thereby ensure proper management and administration of temples affairs.

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For Petitioner : M/s.E.N.Rajalakshmi For respondents :Mr.N.R.R.Arun Natarajan Special Government Pleader (HR & CE)

O R D E R

The writ petition is filed seeking a direction to respondents 2 and 3 to consider and decide the petitioner's application dated 12.03.2019 for appointment of trustees to temple called A/m. Kothandaramaswamy Temple, Upparaveedhi, Coimbatore as per the scheme settled.

2. It is the case of the petitioner that a scheme has been settled for constituting Board of Trustees for administering the above said temple in O.A.No.123 of 1976 and as per the scheme, the temple shall be administered by Board of Trustees consisting not less than 5 persons of "Vaniar" community people of Coimbatore District. The petitioner submitted an application on 12.03.2019 seeking appointment as trustees of the above mentioned temple as per the scheme and the same has not been considered. Hence, the petitioner has come before this Court seeking necessary direction.

3. Mr.N.R.R.Arun Natarajan, learned Special Government Pleader (HR & CE), who takes notice for the respondents 1 to 3, on written instructions, submitted that application has been filed for modification of the scheme in 2/5

O.A.No.2 of 2020 on the file of Joint Commissioner, Coimbatore and the same is pending. Therefore, the application submitted by the petitioner has not been processed.

4. Merely because an application seeking modification of the scheme is pending, the respondents need not stop the proceedings for appointment of trustees as per the pending scheme. Therefore, the respondents 2 and 3 are directed to take necessary steps to appoint trustees to the above mentioned temple as per the provisions of the existing scheme and complete the appointment within a period of six months from the date of receipt of copy of this order.

5. With the above directions, this writ petition stands disposed of. No costs.

27.01.2025 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nr 3/5

To 1.The Commissioner, Hindu Religious And Charitable Endowments Administrative Department, Nungambakkam High Road, Chennai 2.The Joint Commissioner Hindu Religious And Charitable Endowments Administrative Department, Dr. Balasundaraam Road, Coimbatore 3.The Assistant Commissioner, Coimbatore Hindu Religious And Charitable Endowments Administrative Department, Coimbatore S.SOUNTHAR , J.

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