Muthusamy v. The Joint Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :15.11.2022

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Muthusamy ... Petitioner Vs.

1.The Joint Commissioner, Hindu Religious and Charitable Endowments Board, Tiruchirappalli.

2.The Executive Officer, Prasanna Venkatachalapathy Thirukoil, Thuraiyur Post, Trichy District.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st Respondent to consider Petitioner's application, dated 30.08.2020 to appoint him as hereditary trustee for the Arulmigu Sri Angalaparameshvari Amman Kovil at Kannanur, Thuraiyur Taluk, Trichy District.

For Petitioner : Mr.S.Muthukrishnan For R1 : Mr.P.Subbaraj Special Government Pleader For R2 : No Appearance 1/5

ORDER

This Writ Petition has been filed praying for a writ of Mandamus directing the 1st Respondent to consider Petitioner's application, dated 30.08.2020 to appoint him as hereditary trustee for the Arulmigu Sri Angalaparameshvari Amman Kovil at Kannanur, Thuraiyur Taluk, Trichy District.

2. It is submitted that the Joint Commissioner, Hindu Religious and Charitable Endowments Board, Thanjavur appointed Kattaya @ Muthusamy Pandaram, Angamuthu Pandaram, Chinnaiya Pandaram and Veerapathira Pandran as hereditary trustees vide O.A.No.5 of 1951, dated 19.03.1952 for the above said temple. One of the hereditary trustee, namely, Angamuthu Pandaram is the Petitioner's father and he died on 02.12.1962, leaving Petitioner's elder brother as Hereditary trustee, who died on 20.12.2001. The petitioner submitted an application on 30.08.2020 before the 1st Respondent to appoint the Petitioner as hereditary trustee. However, till date, the 1st Respondent has not taken any action on the said application. Hence, the present Writ Petition has been filed.

3. It is submitted by the learned Special Government Pleader appearing for the 1st Respondent that the application of the petitioner would be 2/5

considered and orders passed thereon within a period of eight weeks in accordance with law.

4. Heard the learned counsel appearing for the parties and perused the materials placed before this Court.

5. In view of the same and taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, the 1st Respondent is directed to consider the petitioner's application, dated 30.08.2020 and pass orders on merits and in accordance with law, after providing an opportunity of hearing to the Petitioner and other stake holders/interested parties, if any, within a period of eight weeks from the date of receipt of copy of this order.

6. With the above direction, the Writ Petition stands disposed of. No costs.

15.11.2022 Index : Yes / No Internet : Yes/ No sn 3/5

To 1.The Joint Commissioner, Hindu Religious and Charitable Endowments Board, Tiruchirappalli.

2.The Executive Officer, Prasanna Venkatachalapathy Thirukoil, Thuraiyur Post, Trichy District.

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MOHAMMED SHAFFIQ, J.

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