Madras High CourtWP(MD)/24543/2019disposed of

P.Vijayakumar v. The Commissioner

2019-11-20Honourable Mr Justice M. Govindaraj2 pages

W.P.(MD) No.24543 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P.(MD) No.24543 of 2019 P.Vijayakumar ... Petitioner vs.

1.The Commissioner, Hindu Religious & Charitable Endowment, Chennai-34.

2.The Joint Commissioner, Hindu Religious & Charitable Endowment, Madurai.

... Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the second respondent to consider the application of the petitioner dated 03.10.2018 and to appoint the petitioner as hereditary trustee in Arulmighu Muthu Mariamman Thirukkoil, Vallakondapuram Village, Oddanchatram Taluk, Dindigul District, as per the scheme framed by the second respondent in OA 09/2008/E1 dated 17.03.2009. For Petitioner : Mr.C.Jegannathan For Respondents : Mr.V.R.Shanmuganathan Special Govt. Pleader

O R D E R

Mr.V.R.Shanmuganathan, learned Special Government Pleader takes notice on behalf of the respondents.

2.This writ petition has been filed for issuance of a direction, directing the second respondent to consider the application of the petitioner dated 03.10.2018 and to appoint him as hereditary trustee in Arulmighu Muthu Mariamman Thirukkoil, Vallakondaapuram Village, Oddanchatram Taluk, Dindigul District, as per the scheme framed by the second respondent in OA 09/2008/E1 dated 17.03.2009.

3.According to the petitioner, in O.A.No.09/2008/E1, dated 17.03.2009, a scheme was framed for Arulmighu Muthu Mariamman Thirukkoil, Vallakondaapuram Village, Oddanchatram Taluk, Dindigul District. As per the scheme, three persons from the petitioner community are to be appointed as hereditary trustees in the above temple. He made an application in the prescribed format on https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.24543 of 2019 03.10.2018 and that application has not been considered sofar. Aggrieved over the same, the petitioner is before this Court. 4.When a scheme is framed for Arulmighu Muthu Mariamman Thirukkoil, Vallakondaapuram Village, Oddanchatram Taluk, Dindigul District and it has been implemented, the hereditary trustees ought to have been appointed as per the scheme and appointment of trustees cannot be pending for a long time.

5.Considering the facts and circumstances of the case, a direction is given to the second respondent to process the applications for appointment of trustees including that of the petitioner, as per the scheme on merits and in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order.

6.Accordingly, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (records) // True Copy // Sub Assistant Registrar(CS ) Vs To 1.The Commissioner, Hindu Religious & Charitable Endowment, Chennai-34.

2.The Joint Commissioner, Hindu Religious & Charitable Endowment, Madurai.

+1 CC to SPL GP ( SR-100340[F] dated 21/11/2019 ) +1 CC to M/s.VEERA ASSOCIATES, Advocate ( SR-100068[F] dated 21/11/2019 ) W.P.(MD) No.24543 of 2019 20.11.2019 MK (06.12.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2