V.Kasi v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.(MD) No.9643 of 2024 V.Kasi ... Petitioner Vs.

1. The Commissioner Hindu Religious and Charitable Endowment Department Chennai.

2.The Assistant Commissioner, Sivagangai, Sivaganagai district.

3.The Joint Commissioner, Sivagangai, Sivagangai District.

4.The Tahsildar, Sivagangai Taluk, 1/5

5.The Inspector of Police, Sivagangai Taluk Police Station, 6.G.Rajaram 7.V.Kasinathan 8.V.Jeyaraman 9.P.Thangaraj ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents 1 to 3 appoint the fit person or proper committee according to Section 49(1) of the Hindu Religious and Charitable Endowment Act 1959 in the Eesanur Seruvalinga Ayyanar Temple, Sivagangai Taluk, Sivagangai district, in addition to take appropriate action against the respondents 6 to 9.

For Petitioner : Mr.V.Sebastinal Preethi For R1 to R4 : Mr.P.Subbaraj Special Government Pleader For R5 : Mr.S.Manikandan Government Advocate (Crl.Side) 2/5

ORDER

This Writ Petition has been filed for the relief of instructing the private respondents, namely, respondents 6 to 9 in respect of the temple festival, which is to be held during the 3rd week of May 2024 (first week of Tamil month Vaikasi).

2. The learned counsel for the respondents 1 to 4 would submit that a complaint has already been lodged against the private respondents, namely, the respondents 6 to 9 and charge memo has been issued to them and also disciplinary proceedings were pending before the Commissioner/first respondent herein.

3. In my view, the prayer of the petitioner, based on the petitioner's representation, dated 25.04.2024 at this belated stage, when the festival is to be held two weeks from now, cannot be entertained. However, there can be an order at this stage, is to ensure that the respondents 6 to 9 comply with the requirements of The Collection of Income and Incurring Expenditure Rules framed under the provisions of TNHR&CE Act, 1959. The second respondent may, therefore, send suitable instructions to the private respondents namely, the respondents 6 to 9 to 3/5

adhere to the aforesaid rules, failing which, the proceedings that pending against them will get further compounded.

4. Accordingly, this Writ Petition stands disposed of, with the above observations. No costs. Consequently, connected miscellaneous petition is closed. Index : Yes / No 30.04.2024 Internet : Yes / No apd To

1. The Commissioner Hindu Religious and Charitable Endowment Department Chennai.

2.The Assistant Commissioner, Sivagangai, Sivaganagai district.

3.The Joint Commissioner, Sivagangai, Sivagangai District.

4.The Tahsildar, Sivagangai Taluk, 5.The Inspector of Police, Sivagangai Taluk Police Station, 4/5

C.SARAVANAN, J.

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