Jeyaprakash v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.09.2015 CORAM :

THE HONOURABLE MR.JUSTICE R.SUDHAKAR and THE HONOURABLE MS.JUSTICE V.M.VELUMANI Writ Petition (MD) No.17245 of 2015 Jeyaprakash ... Petitioner Vs.

1.The Commissioner, Hindu Religious & Charitable Endowment Board, Nungambakkam, Chennai 34.

2.The Joint Commissioner, Hindu Religious & Charitable Endowment Board, Madurai.

3.The Assistant Commissioner, Hindu Religious & Charitable Endowment Board, Madurai.

...

Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondent to take over the general superintendence, Administration and control of the temples Arulmigu Maha Ganapathi and Arulmigu Pechi Amman temples along with its shops and buildings situated in Madurai City in Survey no.156/1 166/2 891 825 189/1 10 179 180 181 182 and subsequently entrust with the petitioner s Trust to maintain and administer the said temple and its properties in accordance to Section 49(1) of Tamil Nadu HR&CE Act 1959 and also based on the petitioner's representation dated 19.03.2015 within the time stipulated by this Court.

For Petitioner : Mr.M.Rajendran For Respondents : Mr.V.R.Shanmuganathan, Special Government Pleader.

ORDER

(Order of the Court was made by R.SUDHAKAR,J.) Mandamus has been filed to direct the Hindu Religious & Charitable Endowments Department to take over the management of the temple in question.

2.The petitioner who hails from the same community has grievance against the person who is now managing the affairs of the temple. However, the said person has not been impleaded as a party respondent to this writ petition. Therefore, we are not inclined to entertain this writ petition as public interest litigation.

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3.Nevertheless, Mr.V.R.Shanmuganthan, learned Special Government Pleader appearing for the respondents submits that based on the representation, the authorities have called the petitioner for enquiry. 4.In view of the above, it is always open to the petitioner to participate in the enquiry and ventilate his grievance with regard to the management of the temple.

5.The writ petition is dismissed accordingly. No costs. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar.

To 1.The Commissioner, Hindu Religious & Charitable Endowment Board, Nungambakkam, Chennai 34.

2.The Joint Commissioner, Hindu Religious & Charitable Endowment Board, Madurai.

3.The Assistant Commissioner, Hindu Religious & Charitable Endowment Board, Madurai.

+1CC to M/S.Rishi Associates,Advocate, SR.No.56192. Writ Petition (MD) No.17245 of 2015 23.09.2015 AM/30.09.2015/SK.SKN/SAR-I/2P/5C https://hcservices.ecourts.gov.in/hcservices/