P.Chellamuthu v. The Commissioner

W.P.(MD) No.2108 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.(MD) No.2108 of 2020 P.Chellamuthu ... Petitioner /vs./ 1.The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Trichy. 3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Karur.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents herein to appoint Fit person to Arulmigu Sellandiamman Koil, Nanjai Kadambankurichi, Village of Manmangalam Taluk, Karur District and to take action against the persons who are all involved in swindling money collected towards performing Kumbhahishekam of said temple by considering the representation dated 13-12-2019 given by the writ petitioner within the time limit fixed by this Court. For Petitioner : Mr.R.Shriram For Respondents : Mr.P.Subbaraj Special Government Pleader

ORDER

The petitioner has filed this writ petition for a Mandamus to direct the respondents to consider and pass appropriate orders on the representation dated 13.12.2019 of the petitioner. 2.It is the specific case of the petitioner that the petitioner had contributed a sum of Rs.2,00,002/- for conducting Kumbhabhishekam of Arulmigu Sellandiamman Koil, situated at Nanjai Kadambankurichi, Village of Manmangalam Taluk, Karur District. It is submitted that the Kumbhabhishekam was not conducted either by the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.2108 of 2020 erstwhile committee head, namely Mohan or by R.Senthilkumar, who was the head of the Committee at the time when the representation was given.

3.It is further submitted that the aforesaid persons have collected huge amount not only from the petitioner but also from the public and but had failed to conduct the Kumbhabhishekam and have misappropriated the money collected for the aforesaid purpose. It is submitted that despite a lapse of more than 10 years, Kumbhabhishekam has not been conducted.

4.The learned Special Government Pleader for the respondents submits that this aspect will be considered and appropriate orders will be passed by the 3rd respondent as to whether the situation warrants for appointment of a Fit Person.

5.Accordingly, the writ petition stands disposed of by directing the 3rd respondent to call for a report from the concerned Inspector of HR & CE and act on the said report as to whether to appoint or not to appoint the Fit Person. It is needless to state that before taking such decision, notice shall be issued to the persons, who are incharge of the aforesaid temple. This exercise shall be carried out by the 3rd respondent within a period of 3 months from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar(AD-I) // True Copy // / /2022 Sub Assistant Registrar(CS) mm To 1.The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai. 2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Trichy. 3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Karur. +1 CC to M/s.D. RUKMANI, Advocate ( SR-21753[F] dated 27/04/2022 ) +1 CC to M/s.SPL.GP. ( SR-21909[F] dated 27/04/2022 ) W.P.(MD)No.2108 of 2020 26.04.2022 TR(24.05.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2