Maheswari Vaiyapuri P v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.06.2023
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA P.Maheswari Vaiyapuri .. Petitioner Vs.
1.The Commissioner, Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai-600 034.
2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Thiruvanaikkaval, Trichy-620 005.
3.The Assistant Commissioner, O/o. Joint Commissioner, Hindu Religious and Charitable Endowment Department, Thiruvanaikkaval, Trichy-620 005.
4.Director, Directorate of Vigilance and Anti Corruption, No.293, M.K.N.Road, Alandur, Chennai-600 016.
5.The Executive Officer, Sri Selvavinayaga Temple, Trichy.
6.R.Nithya, The Executive Officer, Arulmigu Kadambavarneswarar Thirukovil, Kulithalai, Vattam, Karur District.
7.S.Iyammal, Former Executive Officer, Sri Selvavinayaga Temple, Trichy.
Now working at The Executive Officer, Arulmighu Subramania Swami Thirukovil, Pookaratheru, Thanjavur District.
8.T.Vasantha Kumar 9.T.Natesan 10.Mani 11.Sarathambal .. Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the first respondent to consider and pass orders in accordance with law on the petitioner's representation dated 28.03.2022 in view of the Petition No. 4118/2022/HR and CE/TR, dated 08.04.2022 and Petition No.
4437/2022/HR and CE/TR, dated 18.04.2022 issued by the fourth respondent within the time frame as fixed by this Court. For Petitioner :
Mr.B.S.Meltiue For RR1 to 4 :
Mr.P.Subbaraj Special Government Pleader
ORDER
This writ petition is filed for the issue of a Mandamus, directing the first respondent to consider and pass orders in accordance with law on the petitioner's representation dated 28.03.2022 in view of Petition No.4118/2022/HR and CE/TR, dated 08.04.2022 and Petition No. 4437/2022/HR and CE/TR, dated 18.04.2022 issued by the fourth respondent.
2. The grievance of the petitioner is that the seventh respondent, who was the Executive Officer of Arulmighu Bairavanathaswami Thirukovil Trichy; Arulmighu Kamatchiamman Thirukovil, Chatram Bus Stand; Sundaradas Kuletheru Arulmighu Kasi Viswanatha Thirukovil; Palakarai Arulmighu Selvavinayagar Thirukovil; Puthur Throupathi Amman Thirukovil; Palakarai Arulmighu Velikandanathar Thirukovil;
and other similar temples in Trichy, had permitted persons close to her to use the temple properties totally flouting the rules and regulations of the Hindu Religious and Charitable Endowments Act, 1959, as a result of which she caused grave financial loss to the Department. Further, the petitioner would submit that the seventh respondent is also guilty of furnishing false and incorrect information. The seventh respondent has failed to perform the duties caused upon her as a result of which she has caused financial loss to the Board and has also mismanaged the temple affairs. Therefore, the petitioner had submitted a representation to the first respondent to take action against her and other wrong doers to which there has been no response. Therefore, the present writ petition.
3. Considering the fact that the petitioner has come forward with very serious allegations against the seventh respondent in the discharge of her official duties and of misusing her position, this Writ Petition is disposed of directing the first respondent to consider the petitioner's representation and pass orders within a period of eight weeks from the date of receipt of a copy of this order, after issuing notice to all
contesting parties and giving them an opportunity of personal hearing. No costs.
02.06.2023 NCC : Yes/No Index : Yes/No Internet : Yes abr To 1.The Commissioner, Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai-600 034.
2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Thiruvanaikkaval, Trichy-620 005.
3.The Assistant Commissioner, O/o. Joint Commissioner, Hindu Religious and Charitable Endowment Department, Thiruvanaikkaval, Trichy-620 005.
4.The Director, Directorate of Vigilance and Anti Corruption, No.293, M.K.N.Road, Alandur, Chennai-600 016.
P.T.ASHA, J.
abr Dated: 02.06.2023