G.Vishnu v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.02.2021
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.11135 of 2020 G.Vishnu ... Petitioner Vs.
1.The Commissioner, Nungambakkam High Road, Chennai -34.
2.The Joint Commissioner, Tirunelveli, Tirunelveli District.
3.The Assistant Commissioner, Nagercoil, Kanyakumari District.
4.The Inspector, Nagercoil West, Kanyakumari District.
5.S.Murugesa Pillai, 6.Ayyappan .... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent No.2 herein to appoint a board of Trustees including fit person under Sec 49(1) of the Hindu Religious and Charitable Endowments Act, 1959 for the management of the Arulmigu Manchadiamman Temple Trust, Soorapallam, Kanyakumari District within the time period stipulated by this Court.
For Petitioner : Mr.T.Lajapathi Roy For Respondent : Mr.K.P.Narayanakumar Nos.1 to 4 Special Government Pleader For Respondent : Mr.Robert Bruce, No.5 For Respondent : Mr.F.Deepak No.6 1/3
O R D E R
Heard the learned counsel on either side. The subject matter of the writ petition pertains to the affairs of the petition mentioned religious institution. The learned Counsel appearing for the petitioner even at the outset stated that even though he had asked for a larger prayer, he would confine the same to seeking disposal of the enquiry pending before the 3rd respondent. 2.The learned Counsel appearing for the private respondent would state that the petition mentioned temple does not come under the purview of the Hindu Religious and Charitable Endowments Department.
3.I am of the view that the it is not necessary to go into the rival contentions at this point of time. The fact remains that based on the petitioner's complaint, dated 29.08.2019, the enquiry has been initiated and the 3rd respondent is now seized of the matter. Therefore, it is entirely for the 3rd respondent to give disposal to the complaint given by the petitioner herein. 4.The learned Special Government Pleader appearing for respondents 1 to 4 would state that the enquiry will be completed and orders will be passed within a period of four months. 5.I make it clear that I have not gone into the merits of the matter. All the contentions of the private respondents are left fully open.
6.The Writ Petition is disposed of on the above terms. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) Ds To:- 1..The Commissioner, Nungambakkam High Road, Chennai -34.
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2.The Joint Commissioner, Tirunelveli, Tirunelveli District.
3.The Assistant Commissioner, Nagercoil, Kanyakumari District.
4.The Inspector, Nagercoil West, Kanyakumari District.
+1 CC to Mr.T.LAJAPATHI ROY, Advocate ( SR-3915[F] dated 09/02/2021 ) +1 CC to Mr.F.DEEPAK, Advocate ( SR-3952[F] dated 09/02/2021 ) +1 CC to SPL GP ( SR-4285[F] dated 10/02/2021 ) 08.02.2021 VB (17.02.2021) 3P 8C 3/3