S.M.A. Pongandhimathinathan v. The Commissioner,
THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.04.2019
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.4192 of 2019 S.M.A.Pongandhimathinathan ... Petitioner Vs 1.The Commissioner, Department of Hindu Religious and Charitable Endowment, No.119, Nungampakkam Highways, Chennai-34.
2.The Joint Commissioner, Department of Hindu Religious, and Charitable Endowment, Near Palay Bus stand, Thiruvanandhapuram Road, Palayamkottai, Tirunelveli District.
3.Arulmigu Subramania Swamy Thirukovil, represented by the Joint Commissioner, Department of Hindu Religious and Charitable Endowment, Tiruchendur, Thoothukudi District - 628 215.
4.The Inspector, Department of Hindu Religious, and Charitable Endowment, Arulmigu Subramania Swamy Thirukovil, Thiruchendur, Thoothkudi District - 628 215.
5.The State of Tamil Nadu represented by the Secretary to Government, Department of Hindu Religious and Charitable Endowment, Fort St.George, Secretariat, Chennai-9.
R5 impleaded vide Court order dated 11.04.2019 made in W.M.P.(MD)No.3863 of 2019 ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent No.2 to consider the petitioner for the post of Non Hereditary Trusty with the respondent No.4 Temple in the light of Section 7-A and 47(c) of Hindu Religious and charitable Endowments Act, 1959 by considering the application made by the petitioner dated 07.02.2019 within time prescribed by this Court.
For Petitioner : Mr.I.Pinaygash For R1, R2 & R4 : Mr.R.Sethuraman Special Government Pleader For R3 : Mr.Muthu Geethaiyan
ORDER
Heard the learned counsel on either side.
2.As per Section 47(1)(a)(iii) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, in respect of the temples falling under Clause (iii) of Section 46, the Government shall constitute a board of non hereditary trustees. The Government had issued a circular dated 23.01.2019 directing the Joint Commissioner, to obtain applications from eligible and qualified persons for appointing as trustees in this regard. The petitioner herein has also given an application dated 07.02.2019 in this regard. The petitioner wants the said application to be considered. Therefore, this writ petition has been filed. 3.This Court directs the fourth respondent herein to submit a report on the petitioner's application to the second respondent herein, within a period of four weeks from the date of receipt of a copy of this order.
Thereafter, the second respondent shall forward the same to the Government through the first respondent. The Government namely the fifth respondent herein shall take a decision on the petitioner's application and pass appropriate orders after receipt of the report from the second respondent within a period of four months thereafter. It is needless to mention that the mandate set out in Section 26 of the Act will be borne in mind. 4.It is made clear that any other application that has already been received in respect of the subject temple, will also be considered along with the writ petitioner's application in accordance with law.
5. Accordingly, this writ petition is disposed of. No costs. Sd/- Assistant Registrar(A.E) /TRUE COPY/ Sub Assistant Registrar(CS )
To 1.The Commissioner, Department of Hindu Religious and Charitable Endowment, No.119, Nungampakkam Highways, Chennai-34.
2.The Joint Commissioner, Department of Hindu Religious, and Charitable Endowment, Near Palay Bus stand, Thiruvanandhapuram Road, Palayamkottai, Tirunelveli District.
3.The Inspector, Department of Hindu Religious, and Charitable Endowment, Arulmigu Subramania Swamy Thirukovil, Thiruchendur, Thoothkudi District - 628 215.
4.The Secretary, Department of Hindu Religious and Charitable Endowment, Fort St.George, Secretariat, Chennai-9.
+1 CC to M/s.I.PINAYGASH, Advocate ( SR-60576[F] dated 11/04/2019 ) +1 CC to M/s.M.MUTHUGEETHAYAN, Advocate ( SR-60571[F] dated 11/04/2019 ) +1 CC to M/s.SPL GP ( SR-60710[F] dated 12/04/2019 ) W.P.(MD)No.4192 of 2019 SP:06/05/2019/3P/8C