Krishnan.S v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.08.2024
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN and W.M.P.(MD) No.5171 of 2024 S.Krishnan ... Petitioner Vs.
1.The District Collector, Sivagangai District, Sivagangai.
2.The Tashildar, Sivagangai, Sivagangai District.
3.The Commissioner, Department of Hindu Religious and Charitable Endowments, Chennai.
4.The Joint Commissioner, Department of Hindu Religious and Charitable Endowments, Sivagangai.
5.The Assistant Commissioner, Department of Hindu Religious and Charitable Endowments, Sivagangai.
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6.V.Jeyaraman 7.G.Rajangam 8.V.Kasinathan 9.P.Thangaraj ... Respondents [Designation of R4 from 'Deputy Commissioner' to 'Joint Commissioner' is suo motu amended by this Court today] Prayer: Writ Petition filed under Article 226 of Constitution of India for issuance of Writ of Mandamus to direct the third to fifth respondents to take appropriate action on the petitioner's representation dated 03.03.2024 by appointing a 'Fit Person' to administer the Arulmigu Seruvalinga Ayyanar Temple, Easanoor, Sivagangai Taluk and District as expeditiously as possible within a time frame as fixed by this Court. For Petitioner : Mr.R.L.Dhilipan Pandian For R1 to R5 : Mr.P.Subbaraj Special Government Pleader For R6 & R8 : Mr.R.Ponkarthikeyan For R7 & R9 : Mr.Meenakshi Sundaram Senior Counsel for Mr.P.Vinoth
O R D E R
This Writ Petition has been filed for issuance of a Writ of Mandamus to direct the third to fifth respondents to take appropriate Page No. 2 of 6
action on the petitioner's representation dated 03.03.2024 by appointing a 'Fit Person' to administer the Arulmigu Seruvalinga Ayyanar Temple, Easanoor, Sivagangai Taluk and District as expeditiously as possible within a time frame as fixed by this Court.
2. The petitioner had earlier approached this Court in W.P.(MD) No.13253 of 2023 which came to be disposed of on 08.06.2023 with direction to the fifth respondent herein/third respondent therein namely, the Assistant Commissioner of H.R. & C.E., Sivagangai to consider the petitioner's representation dated 09.01.2023.
3. Pursuant to the directions of this Court in the above order dated 08.06.2023 in W.P.(MD) No.13253 of 2023, the enquiry commenced and the Joint Commissioner is seized of the issue and enquiry notices have been issued to the private respondents as is evident from the communication dated 29.05.2024 issued by the Joint Commissioner of H.R. & C.E., Sivagangai, to the fifth respondent, Assistant Commissioner of H.R. & C.E., Sivagangai.
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4. It is informed by the learned counsel for the petitioner that they have inadvertently mentioned the designation of the fourth respondent as "Deputy Commissioner" instead of "Joint Commissioner" in the cause title. Therefore, the designation of the fourth respondent is suo motu amended as Joint Commissioner of H.R. & C.E.
5. It appears that the petitioner had also filed another Writ Petition in W.P.(MD) No.12668 of 2023 for a Writ of Mandamus to direct the third respondent therein/fifth respondent herein, to take appropriate action on the representation of the petitioner dated 17.05.2023. The said Writ Petition was also disposed of on 10.08.2023 with direction to the police officals to take criminal action against the private repondents.
6. Since the Department is seized of the issue, no further orders are required except to direct the H.R. & C.E. Department to consider the petitioner's representation dated 03.03.2024 for appointing a Fit Person , within a period of 3 months from today. Before passing any orders, appropriate notice shall be issued to the private respondents. Page No. 4 of 6
7. In the result, this Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 01.08.2024 Index: Yes/ No Speaking Order / Non-Speaking Order JEN Copy To:
1.The District Collector, Sivagangai District, Sivagangai.
2.The Tashildar, Sivagangai, Sivagangai District.
3.The Commissioner, Department of Hindu Religious and Charitable Endowments, Chennai.
4.The Joint Commissioner, Department of Hindu Religious and Charitable Endowments, Sivagangai.
5.The Assistant Commissioner, Department of Hindu Religious and Charitable Endowments, Sivagangai.
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C.SARAVANAN , J.
JEN and W.M.P.(MD) No.5171 of 2024 01.08.2024 Page No. 6 of 6