Madras High CourtWP(MD)/13116/2020disposed of

S.M.A.Pongandhimathinathan v. The Commissioner

2020-09-30Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.09.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN S.M.A.Pongandhimathinathan ... Petitioner Vs.

1.The Commissioner, No.119, Nungampakkam Highways, Chennai - 34.

2.The Joint Commissioner Near Palaya Bus Stand Thiruvanandhapuram Road, Palayamkottai, Tirunelveli District.

3.Arulmigu Subramania Swamy Thirukovil, Rep. by the Joint Commissioner, Thiruchendur, Thoothukudi District - 628 215.

4.The Inspector, Arulmigu Subramania Swamy Thirukovil, Thiruchendur, Thoothukudi District - 628 215.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondent Nos. 1 to 3 to implement the order in W.P.(MD)No.4192 of 2019, dated 11.04.2019 to consider the petitioner for the post of Non Hereditary Trusty with the respondent No.4 Temple in the light of Section 7-A and 47(c) of Hindu Religious and Charitable Endowment Act, 1959.

For Petitioner : Mr.I.Pinayagash For R1, 2 and R4 : Mr.K.P.Narayanakumar, Government Pleader For R3 : Mr.M.Muthugeethayan, Special Government Pleader 1/3

O R D E R

Heard the learned counsel on either side.

2.The petitioner points out that the third respondent temple is without regular board of trustee for more than nine years. The petitioner is one of the applicants for the office of nonhereditary trustee. The learned counsel for the respondents in unison would state that pursuant to the direction given by the Hon'ble Division Bench, the process of receiving applications has already commenced and it is expected that the board of trustee will be constituted in due course.

3.Recording the said submission, I direct the Government to ensure that the board of trustee is constituted for the third respondent temple as expeditiously as possible. 4.The writ petition is disposed of on these terms. No costs. Sd/- Assistant Registrar (RECORDS) // True Copy // / /2020 Sub Assistant Registrar(CS) ias Note: In view of the present lock down owing to COVID19 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 Commissioner, No.119, Nungampakkam High Road, Chennai - 34.

2.The Joint Commissioner Near Palaya Bus Stand Thiruvanandhapuram Road, Palayamkottai, Tirunelveli District.

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3.The Inspector, Arulmigu Subramania Swamy Thirukovil, Thiruchendur, Thoothukudi District - 628 215.

+1 CC to Mr.M. MUTHUGEETHAAYAN, Advocate ( SR-18621[F] dated 01/10/2020 ) +1 CC to SGP ( SR-19038[F] dated 05/10/2020 ) 30.09.2020 SCR(CO) KM (13.10.2020) 3P 6C 3/3