P.Baluchamy, v. The Commissioner,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.08.2017
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)No.5462 of 2016 P.Baluchamy ... Petitioner Vs.
1. The Commissioner, Hindu Religious and Charitable Endowment Department, Chennai - 600 034.
2. The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Virudhunagar.
... Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to proceed under Section 71 of the Tamil Nadu Hindu Religious and Charitable Endowment Act, 1959, on the basis of the report submitted by the second respondent dated 24.2.2010, in Na.Ka.No.1949/2008/Aa1. For Petitioner : Mr.K.S.Muthu For Respondents : Mr.S.Kumar, Additional Government Pleader
ORDER
This writ petition has been filed by the petitioner to issue a Writ of Mandamus, directing the first respondent to take over the administration of the Arulmighu Muthalamman Temple, as per Section 71 of the Tamil Nadu Hindu Religious and Charitable Endowment Act, 1959, based on the report submitted by the second respondent in Na.Ka.No.1949/2008/Aa1 dated 24.02.2010.
2. The case of the petitioner is that certain community people were restraining the petitioner and his community people, from making their contributions for construction of the temple in question, thereby, leading to law and order problem. Subsequent thereto, the second respondent vide letter dated 24.02.2010, recommended the first respondent to bring the said temple under the Hindu Religious and Charitable Endowment Department, after due consideration. As the said recommendation has not been considered so far, this writ petition was filed by the petitioner. https://hcservices.ecourts.gov.in/hcservices/
3. Heard the learned Counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents and perused the materials available on record.
4. Considering the facts and circumstances of the case, to give quietus, this Court directs the second respondent to submit the report dated 24.02.2010, in proper format to the Commissioner/first respondent herein, within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the first respondent is directed to conduct enquiry as stipulated under Section 71 of the Tamil Nadu Hindu Religious and Charitable Endowment Act, 1959 and pass appropriate orders, on its own merit and in accordance with law, after affording due opportunity of hearing to the petitioner and all interested parties, if any, within a period of four weeks thereafter.
5. The writ petition is disposed of as above. No costs. Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar To
1. The Commissioner, Hindu Religious and Charitable Endowment Department, Chennai - 600 034.
2. The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Virudhunagar.
+ 1 CC TO Mr.K.S.MUTHU, ADVOCATE IN SR No. 71010 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 71327 GK TE/SKN-RSK/SAR-II : 16/08/2017 : 2P/5C W.P.(MD)No.5462 of 2016 07.08.2017 https://hcservices.ecourts.gov.in/hcservices/