R.Varadharajan v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN and THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR R.Varadharajan ... Appellant/Petitioner Vs 1.The Commissioner, HR & CE Department, Chennai.

2.The Joint Commissioner, HR & CE Department, Trichy District.

3.The Assistant Commissioner, HR & CE Department, Trichy District.

4.R.V.S.Veeramani ... Respondents/Respondents Prayer:

This Writ Appeal is filed under Clause 15 of the Letters Patent, to set aside the order dated 25.09.2020 made in W.P.(MD)No.10468 of 2020 on the file of this Court.

For Appellant : Mr.S.Selva Aditya for Mr.G.Prabhu Rajadurai For Respondents : Mr.G.Suriyananth Additional Government Pleader for R1 to R3

Mr.R.Murali for Mr.K.Govindarajan for R4

JUDGMENT

[Judgment of the Court was made by RMT.TEEKAA RAMAN, J.] The Writ Appeal is filed as against the order passed by this Court in W.P.(MD)No.10468 of 2020, dated 25.09.2020.

2.The above writ petition has been filed by the appellant/petitioner claims to be the resident and Nattamai of Manapparai Village, making an allegation against the then Hereditary Trustee, R.V.S.Veeramani and also the Executive Officer, A.Kannan and Poojari-Pandian in connection with the conduct of Chithirai Festival for the year 2020. The learned Single Judge of this Court had disposed of the writ petition with a direction to the HR & CE authorities to take action in accordance with law. Against which, the appellant/petitioner has filed the present writ appeal.

3.Heard the learned counsel for the appellant. 4.The learned counsel for the fourth respondent brought to the notice of

this Court that initially there was a dispute in connection with the appointment of Hereditary Trusteeship, and hence, the appellant herein is in the habit of sending complaints against the respondents by tagging his name along with the Executive Officer, and the previous complaint of similar nature was also closed by the HR & CE Department, and the additional typed set of papers has been filed, wherein the Joint Commissioner of Trichy has addressed a letter to the Commissioner of HR & CE Department, Chennai, dated 12.11.2022 regarding the earlier disposal of the said representation.

5.A copy of the Judgment made in W.A(MD)No.368 of 2022, dated 04.09.2023 was placed before us, wherein, the fourth respondent, R.V.S.Veeramani filed a writ petition in W.P(MD)No.12921 of 2022, challenging the order passed by the Joint Commissioner of HR & CE Department, Triuchirappalli, with regard to the appointment and the same was allowed. Against which, the fourth respondent filed the said writ appeal and the same was allowed by this Court, wherein the order appointing Varadarajan, the appellant herein as a Hereditary Trustee was set aside and the fourth respondent was appointed as a Hereditary Trustee. Hence, we find that there is a rival claim over the Hereditary Trusteeship in the said temple. However, that will not preclude the HR & CE Department from going into the allegations made in the representation

in conducting the Chithirai Festival for the year 2020. 6.In view of the above, there shall be a direction to the first respondent/Commissioner of HR & CE Department, Chennai, to dispose of the appellant's representation, dated 26.05.2020 on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order, by giving an opportunity to all the parties concerned. 7.With the above directions, the Writ Appeal stands disposed of. No costs. [T.K.R., J.] [N.S., J.] 28.11.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No sji To 1.The Commissioner, HR & CE Department, Chennai.

2.The Joint Commissioner, HR & CE Department, Trichy District.

3.The Assistant Commissioner, HR & CE Department, Trichy District.

4.The Record Keeper,

Vernacular Section, Madurai Bench of Madras High Court, Madurai.

RMT.TEEKAA RAMAN , J.

and N.SENTHILKUMAR, J.

sji 28.11.2024