S. Selvi v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ S.Selvi ...

Petitioner -vs1.The Commissioner, Hindu Religious and Charitable Endowment Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 34.

2. The Joint Commissioner, Office of the Joint Commissioner, Hindu Religious and Charitable Endowment Department, Thanjavur.

3. The Assistant Commissioner, Office of the Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Pudukkottai District.

4. The Inspector, Office of the Inspector, Hindu Religious and Charitable Endowment Department, Pudukkottai Division,

5.The Fit Person / Executive Officer, Arulmighu Aravanayagi Amman Temple, Vagavasal, Pudukkottai Taluk and District, Office at Arulmighu Manonmani Amman Temple, East Raja Street, ...

Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the respondents to immediately hand over the charge to the Elected Chairperson of the Board of Trustees for the Arulmighu Aravanayagi Amman Temple Vagavasal, Pudukkottai Taluk and District, on the basis of the order passed by the 3rd respondent/ Assistant Commissioner, HR and CE, Pudukkottai, vide proceedings Se.Mu.Na.Ka. En.2682/2023/A1, dated 18.09.2023, and subsequent communication letter by the Inspector, HR and CE, Pudukkottai, vide Na.Ka. En No.69/2023, dated 04.09.2024.

For Petitioner :

Mr.Ramesh Mahadev For Respondents 1 to 4 : Mr.K.S.Selvaganesan, Addl. Govt. Pleader.

For Respondent 5 : Mr.G.Mathavan

ORDER

This Writ Petition has been filed for a mandamus, directing the respondents to immediately hand over the charge of the Arulmighu Aravanayagi Amman Temple Vagavasal, Pudukkottai Taluk and District, to the Elected Chairperson of the Board of Trustees, on the basis of the order passed by the 3rd respondent/ Assistant Commissioner, HR and CE, Pudukkottai, vide proceedings Se.Mu.Na.Ka. En.2682/2023/A1, dated 18.09.2023, and subsequent communication letter by the Inspector, HR and CE, Pudukkottai, vide Na.Ka. En No.69/2023, dated 04.09.2024.

2. It is submitted that vide proceedings, dated 18.09.2023, the petitioner and two others, namely, M/s.A.Natarajan, K.Selvi and M.Thangamani, were appointed as non-hereditary trustees of the Board of Arulmighu Aravanayagi Amman Temple. Thereafter, the petitioner is stated to have been appointed as Chairperson of the said Board of Trustees. It is also submitted that the tenure of the Board of Trustees is only for a period of two years. However, though more than one year has elapsed, the Fit Person has not yet handed over the charge to the Board of Trustees, appointed by the

third respondent. Under the said circumstances, the present Writ Petition is filed, seeking a mandamus, directing the respondents to hand over the charge to the writ petitioner, who is the elected Chairperson of the Board of Trustees.

3. Learned Additional Government Pleader, appearing for the respondents, submits that the petitioner may submit a representation to the third respondent, marking a copy to the fifth respondent, in which event, the third respondent would dispose of the said representation within a period of two weeks from the date of receipt of such representation.

4. In view of the above submission of the learned Additional Government Pleader, the petitioner is directed to submit a representation to the third respondent, marking a copy to the fifth respondent, in which event, the third respondent shall dispose of the said representation within a period of two weeks from the date of receipt of such representation.

5. Writ Petition is disposed of accordingly. No costs. 04.10.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No dixit

To:

1.The Commissioner, Hindu Religious and Charitable Endowment Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 34.

2. The Joint Commissioner, Office of the Joint Commissioner, Hindu Religious and Charitable Endowment Department, Thanjavur.

3. The Assistant Commissioner, Office of the Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Pudukkottai District.

4. The Inspector, Office of the Inspector, Hindu Religious and Charitable Endowment Department, Pudukkottai Division, 5.The Fit Person / Executive Officer, Arulmighu Aravanayagi Amman Temple, Vagavasal, Pudukkottai Taluk and District, Office at Arulmighu Manonmani Amman Temple, East Raja Street,

MOHAMMED SHAFFIQ, J.

dixit 04.10.2024