Muthusamy.G v. The Assistant Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2023

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA G.Muthusamy .. Petitioner Vs.

1.The Assistant Commissioner, Hindu Religious and Charitable Endowments, Virudhunagar.

2.The Inspector, Hindu Religious and Charitable Endowments, Srivilliputhur having office at A/M. Andal Koil, Srivilliputhur, Virudhunagar District.

.. Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus directing the 1st respondent to consider the petitioner's proposal dated 19.03.2023 to appoint new nonhereditary trustees in Arulmigu Kammala Karuppasamy Temple, Watrap Taluk, Virudhunagar District by strictly adhering the confirmed scheme for the temple in O.A.No.10/1987 dated 29.01.1988.

For Petitioner :

Mr.S.Lakshmanan For Respondents :

Mr.P.Subbaraj Special Government Pleader

ORDER

The petitioner, through this writ petition, seeks a Mandamus to the first respondent to consider his proposal dated 19.03.2023 to appoint new non-hereditary trustees in Arulmigu Kammala Karuppasamy Temple, Watrap Taluk, Virudhunagar District by strictly adhering to the scheme, as framed for the temple, in O.A.No.10/1987 dated 29.01.1988.

2. It is the petitioner's case that Arulmighu Kammala Karuppasamy Temple, Watrap, Srivilliputhur, Virudhunagar, is administered by a Scheme Order passed in O.A.No.10 of 1987, dated 29.01.1988 by the then Deputy Commissioner, Hindu Religious and Charitable Endowments Department, Madurai. The Scheme Order provided for the administration of the said temple and it is his case that the petitionerTrust had been formed by the Kammalar community of the said village. The tenure of the Board of Trustees expired on 06.04.2023 and the first respondent had invited application for appointment of non-hereditary

trustees. On 19.03.2023, the Trust had called for a meeting of the community people and about 248 members had participated in the said meeting and had unanimously proposed and chosen four persons for administering the temple. This proposal along with signatures were forwarded to the second respondent on 31.03.2023. To date, no steps have been taken. Therefore, the petitioner has filed this writ petition.

3. In the light of the submission made by the petitioner and considering the fact that there is no Board of Trustees, this Writ Petition is disposed of with a direction to the first respondent to consider the petitioner's proposal and pass orders within a period of eight weeks from the date of receipt of a copy of this order. No costs. 21.04.2023 NCC : Yes/No Index : Yes/No Internet : Yes abr

P.T.ASHA, J.

abr To 1.The Assistant Commissioner, Hindu Religious and Charitable Endowments, Virudhunagar.

2.The Inspector, Hindu Religious and Charitable Endowments, Srivilliputhur having office at A/M. Andal Koil, Srivilliputhur, Virudhunagar District.

Dated: 21.04.2023