Lakshmi.S v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.03.2024
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI Lakshmi .. Petitioner v.
1.The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Street, Thousand Lights, Chennai - 600 034.
2.The Joint Commissioner, Office of Joint & Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Ellis Nagar, Madurai - 625 016.
3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, No.18, Naatchi Street, Virudhunagar - 626 001. 4.The Inspector of Police, Srivilliputhur Town Police Station, Srivilliputhur - 626 125.
5.The District Registrar, District Registration Office, Virudhunagar District.
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6.The Sub Registrar, Srivilliputhur Registration Office, Srivilliputhur.
7.T.Selvaraj .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the second respondent to conduct enquiry and take necessary action based on the petitioner's representation dated 16.08.2023, within a stipulated time limit. For Petitioner : Mr.K.Malaimaran For Respondents : Mr.P.Subba Raj, Special Government Pleader for R.1 to R.3, R.5, R.6 Mr.M.Vaikkam Karunanidhi, Government Advocate (Crl. Side) for R.4 ***** 2/6
ORDER
The petitioner is the daughter of the previous Trustee of Arulmigu Draupadi Amman Temple @ Dharmar Temple, Srivilliputhur, Virudhunagar District. She has approached the official respondents with some allegations that the present Trustee/ seventh respondent herein has misappropriated the Temple funds and that there is a mismanagement. Alleging that the official respondents have not acted upon on her representation dated 16.08.2023, the petitioner has filed this writ petition. 2.Though notice was served on the seventh respondent, there is no representation for the seventh respondent.
3.Learned Special Government Pleader, based on the written instructions, submitted that the Inspector, Hindu Religious and Charitable Endowments Department, has conducted an enquiry and found certain irregularities as against the present Trustee and also submitted a report to the Assistant Commissioner, Hindu Religious and Charitable Endowments 3/6
Department, Virudhunagar, on 03.10.2023. Therefore, necessary actions would be taken within a reasonable time.
4.This Court paid its anxious considerations to the rival submissions and also perused the materials placed on record. 5.The petitioner, with certain allegations as against the present Trustee, has submitted a representation dated 16.08.2023 and has filed this writ petition. After the filing of this writ petition, the Department appears to have conducted an enquiry and the Inspector has found certain irregularities committed by the present Trustees and submitted a report on 03.10.2023. However, even after this report, no further action has been taken so far.
6.Therefore, this writ petition stands allowed with a direction to the second respondent / Joint Commissioner to conduct an enquiry based on the petitioner's representation dated 16.08.2023 and the Inspector's report dated 03.10.2023, by providing an opportunity of hearing to the petitioner 4/6
and the seventh respondent and to take a decision, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Index :
Yes / No 12.03.2024 NCC :
Yes / No Internet :
Yes gk To 1.The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Street, Thousand Lights, Chennai - 600 034.
2.The Joint Commissioner, Office of Joint & Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Ellis Nagar, Madurai - 625 016.
3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, No.18, Naatchi Street, Virudhunagar - 626 001. 4.The Inspector of Police, Srivilliputhur Town Police Station, Srivilliputhur - 626 125.
5.The District Registrar, District Registration Office, Virudhunagar District.
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B.PUGALENDHI, J.
gk 6.The Sub Registrar, Srivilliputhur Registration Office, Srivilliputhur.
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