T.Murugesan Poosari v. The Joint Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU T.Murugesan Poosari .. Petitioner Vs.

1.The Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Department, Dindugul.

2.The District Collector, Dindigul District.

3.The Superintendent of Police, Dindigul District.

4.Arumugam 5.Palanichamy Naickar .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the first respondent to take necessary action for recovery of cash and jewels from the respondents 4 and 5 which was donated by the general public to

Arulmigu Veera Kathiriammal Temple, Perumal Temple, Periyakottai, Dindigul District thereby protecting the interest of the deity on the basis of the petitioner's representations dated 21.10.2024 and 25.10.2024.

For Petitioner :

Mr.R.G.Shankar Ganesh For R1 and R2 :

Mr.P.Subbaraj Special Government Pleader For R3 :

Mr.K.Gnanasekaran Government Advocate (Crl. Side)

ORDER

Even though a larger relief has been sought for in this writ petition viz., to issue a direction to take action against respondents 4 and 5 based on the representations dated 21.10.2024 and 25.10.2024 made by the petitioner, the learned counsel for the petitioner would submit that the petitioner would be satisfied, if a direction is issued to the first respondent to consider his representations.

2. The learned Special Government Pleader appearing on behalf of respondents 1 and 2, on the other hand would submit that such representations could only be considered by the Assistant

Commissioner, Hindu Religious and Charitable Endowment Department, Dindigul.

3. The learned counsel for the petitioner also undertakes to approach the Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Dindigul, by filing a fresh representation.

4. In such view of the matter, this Court is of the view that the petitioner shall submit a fresh representation to the Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Dindigul, within a period of two weeks from today (08.11.2024) and if such representation is made, the Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Dindigul, shall consider the representation of the petitioner and pass appropriate orders within a period of eight weeks thereafter. It is made clear that an opportunity to the necessary individuals shall also be afforded by the said authority.

5. With the aforesaid direction, this Writ Petition is disposed of. There shall be no order as to costs.

08.11.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr To 1.The Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Department, Dindugul.

2.The District Collector, Dindigul District.

3.The Superintendent of Police, Dindigul District.

K.KUMARESH BABU, J.

abr Dated: 08.11.2024