Ramesh V v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.04.2024
CORAM:
THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.(MD) Nos.8434 and 8435 of 2024 1.V.Ramesh 2.S.Periyaraman 3.P.Vellayandi 4.N.Karthikasamy 5.D.Johnson ... Petitioners /vs./ 1.The Commissioner, 119, Uthamar Gandhi Salai, Nungambakkam High Road, Chennai 600 034.
2.The Joint Commissioner, Dindigul.
3.The Assistant Commissioner, 1/6
Theni.
4.The Inspector, Usilampatty, Madurai District.
5.The Executive Officer, Arulmigu Moongilanai Kamatchi Amman Temple, Devadanapatty, Theni District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the impugned proceedings of 5th Respondent dated 22.03.2024 and quash the same as illegal and direct the 3rd respondent to appoint the Petitioners as Trustees of Sri Angala Parameswari Gurunathaswamy Temple, Valandur, Usilampatty Taluk, Madurai District considering their applications as per scheme framed in O.A.83 of 1982. For Petitioners : Mr.S.Manohar For Respondents : Mr.P.Subbaraj Special Government Pleader
ORDER
Heard Mr.S.Manohar, learned counsel for the petitioners and Mr.P.Subbaraj, learned Special Government Pleader for the respondents. 2/6
2.The petitioners have filed this writ petition for a Certiorarified Mandamus to call for the impugned proceedings of fifth respondent dated 22.03.2024, to quash the same as illegal and to direct the third respondent to appoint the petitioners as trustees of Sri Angala Parameswari Gurunathaswamy Temple, Valandur, Usilampatty Taluk, Madurai District, considering their applications as per the scheme framed in O.A.83 of 1982.
3.The learned counsel for the petitioners would submit that the petitioners were elected as Trustees of Arulmighu Sri Angala Parameswari Gurunathaswamy Temple, Valandur, Usilampatty Taluk, Madurai. 4.On 25.03.2023, they have given a representation for approving their Office to the post of Trustees as per the scheme decree in O.A.No.83 of 1982 dated 28.10.1985 passed by the second respondent/the Joint Commissioner. The petitioners are aggrieved by the impugned notice dated 22.03.2024, wherein they have been called upon to hand over the keys of Hundial, as they appeared to have installed the Hundial, even before their office has been recognized. 3/6
5.The learned counsel for the petitioner would further submit that the application for recognizing the petitioners as the Trustees pursuant to the decision of the community on 25.03.2023 is pending before the third respondent since 25.03.2023, but no decision has been taken.
6.Considering the above, the Writ Petition stands disposed of by directing the petitioners to co-operate with the third respondent, who has issued the notice. The third respondent is directed to pass suitable orders for recognizing the petitioners as the Trustees of the aforesaid temple, as per the decision of the community members in terms of a scheme decree in O.A.No.83 of 1982 dated 28.10.1985. This exercise shall be carried out by the third respondent within a period of six weeks from the date of receipt of a copy of this order. 7.No costs. Consequently, connected Miscellaneous Petitions are closed. Index : Yes / No 16.04.2024 Internet : Yes / No mm 4/6
To 1.The Commissioner, 119, Uthamar Gandhi Salai, Nungambakkam High Road, Chennai 600 034.
2.The Joint Commissioner, Dindigul.
3.The Assistant Commissioner, Theni.
4.The Inspector, Usilampatty, Madurai District.
5.The Executive Officer, Arulmigu Moongilanai Kamatchi Amman Temple, Devadanapatty, Theni District.
5/6
C.SARAVANAN, J.
mm 16.04.2024 6/6