Madras High CourtWP/30205/2018disposed of

Arulmigu Ellai Amman Pazhandi Amman v. The Commissioner

2018-11-16Honourable Mrs Justice Pushpa Sathyanarayana3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 16.11.2018

CORAM

THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA W.P.No.30205 of 2018 and W.M.P.No.35268 of 2018 Arulmigu Ellai Amman Pazhandi Amman Thirukoil, Nochikuppam Vazh Parambariya Meenava Makkal Nala Sangam Represented by its Secretary Mr.A.Karthiravan, S/o V.Arunagiri, No.C-5A, Kamarajar Salai, Durgai Amman Kovil Street, Mylapore, Chennai - 600 004.

.. Petitioner Vs.

1. The Commissioner Hindu Religious and Charitable Endowment Board, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

2. Deputy Commissioner Hindu Religious and Charitable Endowment Board, Nungambakkam, Chennai - 600 034.

3. The Executive Officer, Komaliswaran Pettai, Chennai - 600 002.

4. The Inspector of Police, Light House Police Station, Chennai -5.

5. The Secretary to Government Hindu Religious and Charitable Endowment Board, St.Fort George, Chennai - 600 009.

.. Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider in the petitioner's representation dated 16.07.2018.

For Petitioner : Mr.G.Krishnamurthy For Respondents 1,2,3 & 5: Mr.M.Maharaja Special Government Pleader (HR & CE) For Respondent - 4 : Mr.V.Shanmugasundar Special Government Pleader

O R D E R

By consent of both parties, the Writ petition is taken up for final disposal at the admission stage itself. 2.The petitioner- Temple has come up with this writ petition seeking a direction to respondents to consider their representation dated 16.07.2018.

3.According to the learned counsel for the petitionerTemple, the petitioner has submitted a representation dated 16.07.2018 for holding an enquiry under section 63 of the Hindu Religious and Charitable Endowment Board Act 1953, but, the same is yet to be disposed of by the respondents. Hence, the petitioner is before this Court.

4. Heard Mr.M.Maharaja, learned Special Government Pleader (HR & CE) on behalf of the respondents 1,2, 3 and 5 and Mr.V.Shanmugasundar, learned Special Government Pleader on behalf of the fourth respondent.

5.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 respondents to consider the petitioner's representation dated 16.07.2018 and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of hearing to the petitioner/Arulmigu Ellai Amman Pazhandi Amman Thirukoil, as well as any of the interested parties, within a period of six weeks from the date of receipt of a copy of this order.

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

Consequently, connected miscellaneous petition is closed.

-s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar

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