← Library
Madras High CourtWP(MD)/17870/2020disposed of

Selvam v. The State Represented By

2020-12-08Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.12.2020

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE Selvam .. Petitioner Vs.

1. The State represented by The Secretary to Government, Hindu Religious and Charitable Endowment Department, St. George Fort, Chennai.

2. The Commissioner, Hindu Religious and Charitable Endowment, Nungambakkam, Chennai - 34.

3. The Joint Commissioner/Executive Officer, Hindu Religious and Charitable Endowment, Thiruvanathapuram, Palayamkotti, Tirunelveli District.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Mandamus, directing the respondents to take administration of Arulmigu Vagaiyadi Mupidatthi Amman Temple, Alwarkurichi and its movable and immovable properties by considering the petitioner's representation dated 27.10.2020. For Petitioner : Mr.A.Balakrishnan For Respondents : Mr.R.Murugaraj, Government Advocate

ORDER

(This Matter was heard through the Video Conference) This Writ Petition has been filed for a Mandamus seeking for a direction to the respondents to take administration of Arulmigu Vagaiyadi Mupidatthi Amman Temple, Alwarkurichi and its movable and immovable properties, by considering the petitioner's representation dated 27.10.2020 1/3

2.Heard Mr.A.Balakrishnan, learned counsel for the petitioner and Mr.R.Murugaraj, learned Government Advocate, who accepts notice on behalf of the respondents.

3.By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself. 4.It is the case of the petitioner that he is a worshipper and staunch believer of Arulmigu Vagaiyadi Mupidatthi Amman Temple, Alwarkurichi. It is the case of the petitioner that the temple owns both movable and immovable properties. It is the case of the petitioner that some persons claiming themselves to be the care takers, are receiving money on behalf of the temple, without any authority. According to the petitioner, the temple is presently being mismanaged. Hence, he has given a representation, on 27.10.2020, to the respondents, requesting them to take over the management of the aforesaid temple. It is his case that till date, his representation has not been considered. In such circumstances, this writ petition has been filed.

5.On instructions, Mr.R.Murugaraj, learned Government Advocate, representing the respondents, would submit that the respondents are ready and willing to consider the petitioner's representation on merits and in accordance with law.

6.The relief sought for in this writ petition is an innocuous relief. No prejudice will be caused to the respondents, if the petitioner's representation, requesting the respondents to take over the management of the aforesaid temple, is considered by them on merits and in accordance with law.

7.For the foregoing reasons, this Court directs the second respondent to consider the petitioner's representation, dated 27.10.2020, requesting the respondents to take over the administration of Arulmigu Vagaiyadi Mupidatthi Amman Temple, Alwarkurichi, and pass final orders on merits and in accordance with law, after hearing all the necessary parties, including the petitioner, within a period of eight weeks from the date of receipt of a copy of this order.

8.With the aforesaid direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) TM 2/3

Note: In view of the present lock down owing to COVID-19 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 Secretary to Government, Hindu Religious and Charitable Endowment Department, St. George Fort, Chennai.

2. The Commissioner, Hindu Religious and Charitable Endowment, Nungambakkam, Chennai - 34.

3. The Joint Commissioner/Executive Officer, Hindu Religious and Charitable Endowment, Thiruvanathapuram, Palayamkotti, Tirunelveli District.

+1 CC to Mr.A.BALA KRISHNAN, Advocate SR-24717. +1 CC to the SPL GP SR-24862.

08.12.2020 TP(CO) CS(18.12.2020) 3P 6C 3/3