Manimuthu, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.15239 of 2018 Manimuthu ... Petitioner vs.

1. The District Collector Tirunelveli District Tirunelveli.

2. The Revenue Divisional Officer Tenkasi Region, Tenkasi, Tirunelveli.

3. The Tahsildar Sivagiri Taluk, Sivagiri Tirunelveli District.

4. The Assistant Commissioner Hindu Religious and Charitable Endowment Dept Tirunelveli-2 ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus, directing the fourth respondent herein to appoint a fit person in regulating the Arulmighu Sudalaimada Swamy Temple situated at Thalaivankottai Village, Nagaram P.O, Sivagiri Taluk, Tirunelveli District in view of proceedings initiated by the fourth respondent in Na.Ka.No.1418/2015-1/E1 dated 21.09.2017 For Petitioner :

Mrs.P.Kalaiyarasi Bharathi For Respondents :

Mr.S.Nagarajan Special Government Pleader

O R D E R

Mr.S.Nagarajan, learned Special Government Pleader, takes notice for the respondents.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. It is the grievance of the petitioner that his representation dated 13.06.2018 seeking to appoint a fit person in regulating the Arulmighu Sudalaimada Swamy Temple situated at https://hcservices.ecourts.gov.in/hcservices/

Thalaivankottai Village, Nagaram P.O, Sivagiri Taluk, Tirunelveli District, has not been considered by the fourth respondent till date and therefore, he has filed the present writ petition.

4. This Court has not expressed any of its view with regard to the merits of the representation made by the petitioner. It is needless to point out that whenever a representation of this nature is made, the respondents are duty bound to consider the same in one way or the other. Non-consideration of the same would amount to dereliction of ordinary duties of their office and as such, this Court would be justified in invoking its powers conferred under Article 226 of the Constitution of India to direct them to consider the petitioner's representation within a stipulated time.

5. In view of the limited prayer sought for in this writ petition, there shall be a direction to the fourth respondent to consider the petitioner's representation dated 13.06.2018 on its own merits and take further action in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. Such an exercise shall be done after giving due opportunity to the petitioner as well as any other persons who may be interested in the subject matter.

6. With the above directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar (CS-II) To:

1. The District Collector Tirunelveli District Tirunelveli.

2. The Revenue Divisional Officer Tenkasi Region, Tenkasi, Tirunelveli.

3. The Tahsildar Sivagiri Taluk, Sivagiri Tirunelveli District.

4. The Assistant Commissioner Hindu Religious and Charitable Endowment Dept Tirunelveli-2 +1cc to M/S.Udhaya Law Associates, Advocate SR.No. 72895 W.P.(MD) No.15239 of 2018 13.07.2018 aav JM/SKN RSK/SAR 2/23.07.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/