A.Pandidurai v. The Commissioner
W.P.(MD) No.17025 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.(MD) No.17025 of 2020 A.Pandidurai ... Petitioner /vs./ 1.The Commissioner, Hindu Religious and Charitable Endowment Board, Nungambakkam, Chennai.
2.The Joint Commissioner, Hindu Religious and Charitable Endowment Board, No.16, Ellis Nagar, Madurai 625 016.
3.The Executive Officer, Arulmigu Thiru Venkata Perumal Temple, Sri Janani Mariamman Thiru Temple, Solavanthan, Madurai District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to take necessary steps on base of the petitioner's representation dated 21.09.2020 to appointment the petitioner as one of the Trustees for Arulmigu Thiru Venkata Perumal Thiru Temple situated at ward No.14 Madurai Road, Usilampatti Madurai District within the stipulated period of time fixed by this Court. For Petitioner : Mr.K.Gokul For R1 & R2 : Mr.P.T.Thiraviam Government Advocate For R3 : Mr.K.K.Kannan
ORDER
The petitioner has filed this writ petition for a Mandamus to direct the respondents to appoint the petitioner as one of the Trustees in the temple called Arulmigu Thiru Venkata Perumal Thiru Temple, Ward No.14 Madurai Road, Usilampatti Madurai District. 2.It is the case of the petitioner that originally the temple was built by the petitioner's grandfather, namely P.Virumandi Thevar and during the life time of the petitioner's grandfather, the temple was managed by him and thereafter by the petitioner's father. After the demise of the petitioner's father on 13.09.2020, the petitioner sent a representation for appointing the petitioner as a hereditary trustee.
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W.P.(MD) No.17025 of 2020 3.The learned counsel for the 3rd respondent submits that there were disputes between the petitioner and the 3rd respondent as to who was to be appointed as the hereditary trustee after the demise of the petitioner's father and therefore, a Fit Person was appointed on 22.02.2019.
4.The learned counsel for the official respondents submits that the petitioner's representation dated 21.09.2020 will be considered on merits and in accordance with law.
5.Recording the submission of the learned counsel for the official respondents, this writ petition stands disposed of, by directing the 2nd respondent/the Joint Commissioner, Madurai to consider the representation of the petitioner dated 21.09.2020 and dispose of the same on merits and in accordance with law. Before passing such orders, the 2nd respondent shall hear the petitioner, other trustees and the other legal heirs of the petitioner's father, if any. This exercise shall be carried out by the 2nd respondent within a period of 6 weeks from the date of receipt of a copy of this order. No costs.
Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) To 1.The Commissioner, Hindu Religious and Charitable Endowment Board, Nungambakkam, Chennai.
2.The Joint Commissioner, Hindu Religious and Charitable Endowment Board, No.16, Ellis Nagar, Madurai 625 016.
+1 CC to M/s.SPL.GP. ( SR-21893[F] dated 27/04/2022 ) W.P.(MD)No.17025 of 2020 26.04.2022 RS/18.05.2022/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2