Muruganatham v. The Assistant Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.03.2023

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA Muruganatham ... Petitioner Vs.

1.The Assistant Commissioner, Hindu Regligious and Charitable Endowment, Tuticorin.

2.The Executive Officer, Somasundari Amman Temple, Eral Taluk, Tuticorin District.

... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the first respondent to appoint regular Archagar, Madapalli and Maniyam staff for Arulmigu Aayirathen Vinayagar Temple, Arumugamangalam, Eral Taluk and Tuticorin District for conducting daily poojas and install CCTV Camera in the temple premises based on petitioner's representation dated 02.01.2023 within the time fixed by this Court. For Petitioner : Mr.H.Arumugam For Respondents : Mr.P.Subbaraj Special Government Pleader

ORDER

The above writ petition has been filed by the petitioner seeking for the issuance of a mandamus directing the first respondent to appoint a regular Archagar, Madapalli and Maniyam staff for Arulmigu Aayirathen Vinayagar Temple, Arumugamangalam, Eral Taluk and Tuticorin District, for conducting daily poojas and install CCTV Camera in the Temple premises, based on petitioner's representation, dated 02.01.2023.

2. The petitioner would submit that he is one of the devotees of Arulmigu Aayirathen Vinayagar Temple, which is under the control of the HR &CE Department and is an ancient one. He would further submit that at the instigation of the earlier suspended Archagar, namely, Vignesh, Chandrasekar and Kathiresan are preventing any person from taking over charge as the Archagar for the temple. Further, despite being suspended, the said Vignesh continues to work in the temple. Therefore, the representation, dated 18.01.2023, was sent to the District Collector to take action to appoint a regular Archagar, Madapalli and Maniyam staff for the temple in question. The petitioner has not impleaded the said Chandrasekar, Kathiresan and Vignesh as parties to the writ.

3. The learned counsel appearing for the HR &CE Department would submit that it is proposed to conduct enquiry on the representation of the petitioner.

4. Therefore, taking note of the above submission, which is made on instructions, by the learned counsel for the respondents, this Court is disposing of the writ petition with a direction to the respondents to conduct the enquiry by affording an opportunity of personal hearing to the petitioner as well as the said Chandrasekar, Kathiresan and Vignesh and pass orders in accordance with law. The said exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order. No costs.

13.03.2023 NCC : Yes/No Index : Yes/No Internet : Yes cp To 1.The Assistant Commissioner, Hindu Regligious and Charitable Endowment, Tuticorin.

2.The Executive Officer, Somasundari Amman Temple, Eral Taluk, Tuticorin District.

P.T.ASHA, J.

cp Dated: 13.03.2023