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Madras High CourtWP(MD)/22330/2018closed

S.Subramaniyan, v. The Commissioner,

2022-09-19Honourable Mr Justice R. Mahadevan,Honourable Mr Justice J.Sathya Narayana Prasad6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD S.Subramaniyan ... Petitioner vs.

1.The Commissioner, Hindu Religious and Chariable Endowments Department, Nungampakkam, Chennai.

2.The Inspector General of Police, Vigilance and Anti-Corruption, Chennai - 28.

3.The Executive Officer, Hindu Religious and Charitable Endowments Department, Rameshwaram, Ramanathapuram District.

4.R.Guruprasath ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the second respondent to conduct enquiry directly about the scam done by the respondents 3 and 4 in Arulmighu Ramanatha Swamy Thirukovil, Rameshwaram.

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For Petitioner : No appearance For R - 1 : Mr.V.Nirmal Kumar Government Advocate For R - 2 : Mr.T.Senthil Kumar Additional Public Prosecutor For R - 3 : Mr.S.Ramesh for Mr.v.Ragavachari For R - 4 : No appearance

ORDER

(Order of the Court was made by R.MAHADEVAN, J.) The prayer made in this Writ Petition is to issue a Writ of Mandamus, directing the second respondent to conduct an enquiry into the scam done by the respondents 3 and 4 in Arulmighu Ramanatha Swamy Thirukovil, Rameshwaram.

2.Pointing out certain irregularities committed by the third and fourth respondents in the public auction conducted on 24.08.2018, the petitioner submitted a representation, dated 24.09.2018 before the respondents 1 and 2 to take action against them. Since the said representation has not been considered so far, the petitioner has filed the present Writ Petition. 2/6

3.Today, when the matter was taken up for hearing, the learned counsel appearing for the third respondent has produced the proceedings of the third respondent in Na.Ka.No.160-1/2018/A6, dated 17.10.2018 and submitted that only as per the provisions of the Hindu Religious and Charitable Endowments Act and the Rules made thereunder, the public auction was conducted on 24.08.2018 and therefore, there is no substance in the allegations of the petitioner.

4. There is no representation for the petitioner.

5. Heard the learned counsel appearing for all the respondents.

6. A reading of the aforesaid proceedings, dated 17.10.2018, shows that e-tender notification for the sale of Prasatham in the stalls of the Temple was published in the Tamil and English dailies and also through the internet. However, two bidders alone were participated in the auction sale conducted on 24.08.2018 and one Veerabagu was declared as successful bidder and as per the resolution of Thakkar of the Temple in No.2224/29.08.2018, the proposal in this regard was forwarded to the 3/6

Commissioner of Hindu Religious and Charitable Endowments Department, seeking prior permission. The said proceedings also shows that the auction sale conducted on 24.08.2018 fetched more amount than the auction conducted in the previous years. Thus, we find that the allegations of the petitioner are devoid of any merits.

4.Hence, recording the said proceedings, dated 17.10.2018, this Writ Petition stands closed, leaving it open to the petitioner to approach the authority concerned to redress his grievance, if any. No costs. [R.M.D.,J.] & [J.S.N.P.,J.] Index : Yes / No 19.09.2022 Internet : Yes ps 4/6

To 1.The Commissioner, Hindu Religious and Chariable Endowments Department, Nungampakkam, Chennai.

2.The Inspector General of Police, Vigilance and Anti-Corruption, Chennai - 28.

3.The Executive Officer, Hindu Religious and Charitable Endowments Department, Rameshwaram, Ramanathapuram District.

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R.MAHADEVAN ,J.

and J.SATHYA NARAYANA PRASAD,J.

ps ORDER MADE IN DATED : 19.09.2022 6/6