G.Manikandan v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.07.2020
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.6848 of 2020 1.G.Manikandan 2.M.Mahalingam ... Petitioners Vs.
1.The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai.
2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Trichy District.
3.The Election Officer / Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Trichy District.
4.The Executive Officer, Arulmighu Kuttiyandavar and Mariamman Temple, Vambarampatti Village, Thirumayam Taluk, Pudukkottai Taluk.
5.P.Kannan 6.S.Kasi Viswanatahn 7.K.Sembulingam 8.The Secretary to Government, Tamil Nadu Development Culture and Religious Endowments Department, Government of Tamil Nadu, Secretariat, Chennai.
... Respondents (R8 is suo motu impleaded vide Court order dated 08.07.2020) Prayer:
Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the first respondent to appoint the five member non hereditary trustees to the Sri Arulmigu Kuttiyandavar Temple and Mariamman Temple at Vambarampatti Village, Thirumayam Taluk, Pudukkottai 1/3
District as per the recommendation of the second respondent in Se.Mu.Na.Ka.No.12651/2016/Aa1 dated 05.07.2019 pursuant to the scheme decree in O.A.No.13 of 2012.
For Petitioner : Mr.B.Prasanna Vinoth For R1 to R3 : Mr.V.R.Shanmuganathan Special Government Pleader For R4 : Mr.Madhavan
O R D E R
Heard Mr.B.Prasanna Vinoth, learned counsel appearing for the petitioner, Mr.V.R.Shanmuganathan, learned Special Government Pleader appearing for respondents 1 to 3 and Mr.Madhavan, learned counsel appearing for the fourth respondent.
2. The grievance of the petitioner is that even though, for the petition mentioned temple, three non hereditary trustees have been nominated by the Joint Commissioner, HR&CE Department, remaining two non hereditary trustees are yet to be nominated by the Government. Therefore, this writ petition has been filed for directing appointment as per the recommendation of the second respondent.
3. When the matter was taken up for hearing, the learned Special Government Pleader submitted that for filling up two vacancies, proposal has already been sent by the Joint Commissioner and that the Government will pass appropriate orders within a period of eight weeks.
4. In view of the above, the eighth respondent, namely the Government is directed to act on the petition mentioned recommendation and pass appropriate orders within a period of eight weeks from the date of receipt a copy of this order.
5. With the above direction, this writ petition is disposed of. No costs. Consequently,connected miscellaneous petition is closed.
Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) 2/3
ta Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai.
2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Trichy District.
3.The Election Officer / Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Trichy District.
4.The Secretary to Government, Tamil Nadu Development Culture and Religious Endowments Department, Government of Tamil Nadu, Secretariat, Chennai.
22.07.2020 KM (29.07.2020) 3P 5C 3/3