N.K.M.Nallusamy, v. The Joint Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.09.2015 C O R A M THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P(MD) No.3954 of 2014 and M.P(MD)No.1 of 2014 N.K.M.Nallusamy ... Petitioner Vs.

1.The Joint Commissioner, Hindu Religious Charitable Endowment Department, Trichy-6.

2.The Deputy Commissioner, Hindu Religious Charitable Endowment Department, Trichy-20.

3.The Assistant Commissioner, Hindu Religious Charitable Endowment, Saminathapuram, Karur-1.

4.K.Kuppusamy ... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, directing the first and second respondents to appoint a fit person or a Special Officer for the Management and Administration of the Arulmighu Sellandiamman and Vinayagar Temples at Kadambakurichi Village, Karur Taluk and District within time frame fixed by this Court. For petitioner ...Mr.N.Shanmugaselvam For R1 to R3 ...Mr.V.Muruganandam Addl. Govt. Pleader For R4 ... Mr.D.Nallathambi

O R D E R

The writ petition has been filed for a writ of mandamus, directing the first and second respondents to appoint a fit person or a Special Officer for the Management and Administration of the Arulmighu Sellandiamman and Vinayagar Temples at Kadambakurichi Village, Karur District.

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2.According to the petitioner, a scheme has been formulated by the first respondent, on 10.10.2013. In spite of the said scheme, no non-hereditary Trustees were appointed as per the draft scheme. On enquiries made by the petitioner, the respondents 1 to 3 are giving lame excuse. Therefore, the petitioner has come out with the present writ petition for the above stated relief. 3.Heard the learned counsel appearing for the petitioner and the respondents.

4.There is nothing on record to show that the petitioner has made any demand for appointment of non-hereditary Trustees, as per the scheme formulated by the first respondent, on 10.10.2013. In view of this, the petitioner is not entitled to get the relief sought for in the writ petition. Hence, the writ petition is dismissed. It is open to the petitioner to approach the authorities for appointment of non-hereditary Trustees as per the scheme formulated on 10.10.2013. No costs. Consequently, connected miscellaneous petition is also dismissed.

Sd/- Assistant Registrar(AS) /True Copy/ Sub-Assistant Registrar To 1.The Joint Commissioner, Hindu Religious Charitable Endowment Department, Trichy-6.

2.The Deputy Commissioner, Hindu Religious Charitable Endowment Department, Trichy-20.

3.The Assistant Commissioner, Hindu Religious Charitable Endowment, Saminathapuram, Karur-1.

+One cc to M/s.D.Nallathambi, Advocate, SR.No.55478 +One cc to M/s.N.Shanmugaselvam, Advocate, SR.No.55296 +One cc to the Special Government Pleader, SR.No.55453 am RL/7c - 8/10/2015 W.P(MD)No.3954 of 2014 18.09.2015 https://hcservices.ecourts.gov.in/hcservices/