R.Arumugam v. The Govt. Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.09.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.10863 of 2020 R.Arumugam ... Petitioner Vs.

1.The Government of Tamil Nadu, Rep. by its Principal Secretary/Commissioner, Hindu Religious and Charitable Endowments, 119, Uthamar Gandhi Road, Chennai 600 034.

2.The Joint Commissioner, Sivagangai District.

3.The Assistant Commissioner, Virudhunagar District.

4.The Inspector, Virudhunagar.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the third respondent from appointing the trustees of Arulmigu Kamatchiyamman Temple based on Notification in Na.Ka.No.180/2018/2, dated 03.09.2020 until the disposal of representation dated 13.02.2020 by the second respondent under Section 23 of Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, within the time stipulated by this Court. For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.K.P.Narayanakumar Special Government Pleader

O R D E R

Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for HR & CE Department.

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2.The subject matter pertains to the appointment of non hereditary trustee of Arulmigu Kamachiamman Temple in Uppupatti village. The petitioner has given a representation dated 13.02.2020 in this regard.

3.The petitioner's grievance is that even without giving disposal to his representation, the second respondent has called for applications in this regard and issued notification dated 03.09.2020.

4.When the matter was taken up for hearing, the learned counsel appearing for the petitioner stated that he would be satisfied, if his representation dated 13.02.2020 is disposed of. 5.The learned Special Government Pleader states that the second respondent will give disposal to the aforesaid petition within a week. I make it clear that I have not gone into the merits of the matter. It is entirely for the second respondent to pass orders one way or other.

6.This Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) rmi 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.

To:

1.The Principal Secretary/Commissioner, Hindu Religious and Charitable Endowments, 119, Uthamar Gandhi Road, Chennai 600 034.

2.The Joint Commissioner, Sivagangai District.

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3.The Assistant Commissioner, Virudhunagar District.

4.The Inspector, Virudhunagar.

+1 CC to M/s.T. LAJAPATHI ROY, Advocate ( SR-18312 [F] dated 29/09/2020 ) +1 CC to M/s.GP ( SR-18365[F] dated 29/09/2020 ) 28.09.2020 SS(CO) TR(14.10.2020) 3P 7C 3/3