S.Balakrishnan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.11.2018

CORAM

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.No.28847 of 2018 and WMP.No.33699 of 2018 1.S.Balakrishnan 2.R.karthikeyan .. Petitioners vs 1.The Commissioner, Nungambakkam, Chennai 600 034.

2.The Joint Commissioner, Thanjavur District, Thanjavur.

3. The Assistant Commissioner, Nagapattinam District, Nagapattinam.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the first respondent to appoint the Executive Officer in Arulmigu Aladi Mariamman Temple, Voimedu East, Vedaranyam Taluk, Nagapattinam District based on the circular issued by the 1st respondent in Na.Ka.No.48006/2015/G2/dated 06.10.2015 within a stipulated time fixed by this Court.

For Petitioner : Mr.V.Lakshminarayanan for M/s.S.Senthilnathan For R1 to R3 : Mr.M.Maharaja Spl.Govt.Pleader (H.R. & C.E.)

ORDER

The petitioner has come up with this Writ Petition seeking a direction to the second respondent to appoint an Executive Officer for Arulmigu Aladi Mariamman Temple, Voimedu East,

Vedaranyam Taluk, Nagapattinam District based on the circular issued by the 1st respondent in Na.Ka.No.48006/2015/G2/dated 06.10.2015.

2. According to the learned counsel for the petitioners, the petitioners have submitted a representation dated 13.08.2018 to appoint an Executive Officer for Arulmigu Aladi Mariamman Temple, but, the same is yet to be considered by the first respondent. However, the learned counsel submitted that it would suffice, if the said representation made by the petitioners are directed to be considered by the first respondent, on merits.

3. Heard Mr.V.Lakshminarayanan, learned counsel for the petitioners and Mr.M.Maharaja, learned Special Government Pleader (H.R & C.E) on behalf of respondents 1 to 3.

4. Considering the facts and circumstances of the case and the submissions made on either side, this Court, without expressing any opinion on the merits of the representation, directs the second respondent to consider the petitioners' representation dated 13.08.2018 and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as any of the interested parties, within a period of four weeks from the date of receipt of a copy of this order.

5. With the above directions, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is also closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kkd To 1.The Commissioner, Nungambakkam, Chennai 600 034.

2.The Joint Commissioner, Thanjavur District, Thanjavur.

3. The Assistant Commissioner, Nagapattinam District, Nagapattinam.

+1 cc to Mr.S.Senthilnathan, Advocate Sr.No.78661 +1 cc to The Special Government Pleader, Sr.No.78648 W.P.No.28847 of 2018 and WMP.No.33699 of 2018 MR(CO) CSL/03.01.2019