Somasundarbattar v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.09.2022

CORAM

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

1. The Commissioner, Hindu Religious and Charitable Endowment Board, Nungambakkam, Chennai.

2. The Joint Commissioner, Hindu Religious and Charitable Endowment Board, H306, TNHB Colony, Ellis Nagar, Madurai.

3. The Assistant Commissioner, Hindu Religious and Charitable Endowment Board, 18, Nachi Street, Virudhunagar.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the Respondents to consider the representation of the Petitioner dated 04.07.2022 and pass orders within a time frame.

For Petitioner :

Mr.Y.Prakash For Respondents :

Mr.M.Prakash Additional Government Pleader

O R D E R

This Writ Petition has been filed to direct the Respondents to consider the representation of the Petitioner dated 04.07.2022.

2. Mr.M.Prakash, learned Additional Government Pleader, takes notice for the Respondents.

3. The learned counsel for the Petitioner submitted that the Petitioner is one of the Archakars in the Temple called 'Arulmighu Nachaadai Thavirthu Aruliya Swami Thirukkoil' and retired from service two years back. The Temple lands have been leased out to the private parties. As consideration of the lease, the persons behind the Temple administration have been selling the paddy bags much lesser than the

market price. Hence, in this regard, the Petitioner submitted a representation on 04.07.2022 to the Respondents to take immediate action to stop the embezzlement of Temple funds by the persons incharge of the Temple administration. However, till date, the Respondents have not taken any action against the representation of the Petitioner. Hence, the present Writ Petition has been filed.

4. The learned Additional Government Pleader appearing for the Respondents submitted that the representation of the Petitioner would be considered and orders passed thereon in accordance with law.

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

6. 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, there shall be a direction to the Respondents to consider the Petitioner's representation dated 04.07.2022, on its own merits and pass

appropriate orders in accordance with law as expeditiously as possible after hearing both sides. It is made clear that this Court has not expressed any views with regard to the merits of the representation and it is open to the Respondents to consider the representation on its own merits.

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

23.09.2022 Index : Yes / No Speaking Order : Yes / No vji

To

1. The Commissioner, Hindu Religious and Charitable Endowment Board, Nungambakkam, Chennai.

2. The Joint Commissioner, Hindu Religious and Charitable Endowment Board, H306, TNHB Colony, Ellis Nagar, Madurai.

3. The Assistant Commissioner, Hindu Religious and Charitable Endowment Board, 18, Nachi Street, Virudhunagar.

MOHAMMED SHAFFIQ, J.

vji 23.09.2022