Narayanan.T v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.07.2021 CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.(MD).No.9050 of 2021 T.Narayanan
...Petitioner
Vs.
1. The District Collector, Kanyakumari District, Nagercoil.
2. The Commissioner, Hindu Religious and Charitable Endowments, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai-34.
3. The Assistant Commissioner, Hindu Religious and Charitable Endowments, Vadiveeswaram Village, Agasteeswaram Taluk, Kanyakumari District.
4. The Joint Commissioner, Hindu Religious and Charitable Endowments, Vadiveeswaram Village, Agasteeswaram Taluk, Kanyakumari District.
5. S.Karunakaran
6. K.Rajasundarapandian
7. S.Gokulakrishnan
8. T.Rajalingaperumal
...Respondents
Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 3 and 4 to inspect the Temple viz., Mutharamman Temple, belongs to Arulmigu Kulasekara Vinayagar Trust, situated at Agasteeswaram Village and Taluk, Kanyakumari District and conduct an enquiry in accordance with Management and Preservation of Properties of Religious Institution Rules, 1964 and to prevent the demolishment of the Mutharamman Temple, Agasteeswaram, Kanyakumari District, by considering the petitioner's representation, dated 15.06.2019 as well as subsequent reminder dated 05.07.2021. 1/3
For Petitioner : Mr.M.P.Senthil For R-1 to R-4 : Mr.R.Sureshkumar Government Advocate
ORDER
This Writ Petition has been filed for the issue of a Writ of Mandamus directing the third and fourth respondents to consider the representation made by the petitioner on 15.06.2019 and to take action against the Trustee and safeguard the interest of Arulmigu Kulasekara Vinayagar Trust.
2. Heard Mr.M.P.Senthil, learned counsel appearing for the petitioner and Mr.R.Suresh Kumar, learned Government Advocate appearing on behalf of the respondents 1 to 4.
3. In the considered view of this Court, the Temple in question does not come within the control of Hindu Religious and Charitable Endowments Department. If the Trust which is running the Temple is not properly administering the affairs of the Temple, the petitioner has to necessarily file a suit before the concerned Civil Court under Section 92 of C.P.C. A Writ Petition may not be maintainable and hence, liberty is given to the petitioner to work out his remedy before the competent Civil Court.
4. This Writ Petition stands disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) tsg NOTE:
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. 2/3
To
1. The District Collector, Kanyakumari District, Nagercoil.
2. The Commissioner, Hindu Religious and Charitable Endowments, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai-34.
3. The Assistant Commissioner, Hindu Religious and Charitable Endowments, Vadiveeswaram Village, Agasteeswaram Taluk, Kanyakumari District.
4. The Joint Commissioner, Hindu Religious and Charitable Endowments, Vadiveeswaram Village, Agasteeswaram Taluk, Kanyakumari District.
+1 CC to M/s.M.P.SENTHIL, Advocate ( SR-22248[F] dated 13/07/2021 ) +1 CC to M/s.SPL GP ( SR-22299[F] dated 13/07/2021 ) Order made in Dated:12.07.2021 KMK(CO) TR(19.07.2021) 3P 7C 3/3