P.R.Venkatasamy Naidu v. The Secretary To The Government Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.10.2024
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P(MD).No.19596 of 2024 R.Venkatasamy Naidu ... Petitioner Vs
1. The Secretary to the Government of Tamilnadu, Secretariat, St. George Building, Chennai.
2. The Commissioner, Nungambakkam, Chennai.
3. The Joint Commissioner,
4. The Assistant Commissioner,
5. The Inspector, Alanganallur, Madurai.
6. The Executive Officer, Arulmigu Muniyandi Swamy Vagaiyara Thirukkovil, Alanganallur, 1/6
7. Arulmigu Muniyandi Swamy Vagaiyara Thirukkovil, Alanganallur, Represented by its Present Trustee / Thakkar, Alanganallur, Madurai District, Now Functioning as Executive Executive Officer, Arulmigu Dhandayuthapani Swamy Thirukoil, Nethaji Road, Madurai.
8. The District Level Appointment Committee, (Non Hereditary Trustee), Madurai Region, Madurai.
9.D. Regupathy
10. Amulrani ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 2 to 4 respondents herein more particularly the Joint Commissioner / 3rd respondent to restrain the 9 and 10 respondents herein from appointing non hereditary trustee for Arulmigu Muniyandi Swamy Vagaiyara Thirukkovil, Alanganallur, Madurai District by considering the petitioner's representation by way of objection dated 23.05.2024 within a time stipulated by this Court. For Petitioner : Mr.D.Nallathambi For Mr.V.Meenakshi Sundaram For R1 to R5 : Mr.K.S.Selva Ganesan Additional Government Pleader For R6 : Mr.V.Chandrasekar For R9 & R10 : Mr.G.Prabhu Rajadurai 2/6
ORDER
The present Writ Petition is filed for Mandamus seeking direction to respondents 2 to 4 to consider the petitioner's representation dated 23.05.2024 to restrain the respondents 9 and 10 from appointing non-hereditary trustee for Arulmigu Muniyandi Swamy Vagaiyara Thirukkovil, Alanganallur,
2. It was submitted by the learned Additional Government Pleader for the respondents 1 to 5 that the third respondent would consider the petitioner's representation and would pass orders in accordance with law within a period of four weeks, after putting the petitioner and the other interested parties including the respondents 9 and 10 on notice, which was accepted by the learned counsel for the petitioner.
3. 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 official respondents herein to consider the petitioner's representation dated 23.05.2024, on its own merits and pass appropriate orders in accordance with law, after affording reasonable 3/6
opportunity of hearing to the petitioner and other interested persons/stake holders, within a period of four (4) weeks from the date of receipt of a copy of this order. 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 concerned respondent to consider the representation on its own merits and in accordance with law.
4. With the above direction, the Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
03.10.2024 Index : Yes / No Internet : Yes/ No lr To
1. The Secretary to the Government of Tamilnadu, Secretariat, St. George Building, Chennai.
2. The Commissioner, Nungambakkam, Chennai.
3. The Joint Commissioner, 4/6
4. The Assistant Commissioner,
5. The Inspector, Alanganallur, Madurai.
6. The Executive Officer, Arulmigu Muniyandi Swamy Vagaiyara Thirukkovil, Alanganallur, 5/6
MOHAMMED SHAFFIQ, J.
lr 03.10.2024 6/6