Alagarsamy.M v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI M.Alagarsamy ... Petitioner versus

1. The Commissioner, Hindu Religious and Charitable Endowments Department, Nungampakkam, Chennai - 34.

2. The Joint Commissioner, Joint-Commissioner Office, Hindu Religious and Charitable Endowments Department, Sivagangai.

3. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Sivagangai.

4. P.Pullan

5. R.Muthuveeran 1/5

6. M.Chinnathambi ... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the 2nd respondent to conduct inquiries and consider the petitioner's representation dated 22.09.2023.

For Petitioner : Mr.S.Sivakumar For R1 to R3 : Mr.P.Subba Raj, Special Government Pleader

ORDER

The petitioner claims that he is the Poojari of Arulmighu Ayyanar and Vinaitheertha Amman Thirukovil, Piranpatti Village, Sivagangai Taluk, Sivagangai District. According to him, this temple is a family deity, which is maintained by six Trustees from their family.

2. The petitioner is having a grievance that the private respondents, who are the trustees in the said temple, have misappropriated the temple funds and therefore, he has lodged a complaint against them before the 2nd respondent/ the Joint 2/5

Commissioner of HR&CE Department, Sivagangai and requested to conducted an enquiry on the affairs of the Temple. Since the same has not been considered, the petitioner has approached this Court.

2. Mr.P.Subba Raj, learned Special Government Pleader, who takes notice for the respondents 1 to 3, submits that Arulmigu Ayyanar and Vinaitheertha Amman Thirukovil is in the administration of HR&CE and it has been assigned with ITMS No.37069. Based on the petitioner's representation, the 2nd respondent/the Joint Commissioner of HR&CE Department, has already issued a direction to the 3rd respondent/the Assistant Commissioner of HR&CE Department, to conduct an enquiry on the affairs of the temple.

3. Since the relief sought for in this writ petition has already been addressed by the 2nd respondent/the Joint Commissioner of HR&CE Department, Sivagnagai, this writ petition is closed with a direction to the 3rd respondent/the Assistant Commissioner of HR&CE Department, 3/5

Sivagangai, to conduct an enquiry by providing an opportunity of hearing to petitioner as well as to other trustees and take a decision within a period of twelve (12) weeks from the date of receipt of a copy of this order. No costs.

08.02.2024 ogy NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

To

1. The Commissioner, Hindu Religious and Charitable Endowments Department, Nungampakkam, Chennai - 34.

2. The Joint Commissioner, Joint-Commissioner Office, Hindu Religious and Charitable Endowments Department, Sivagangai.

3. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Sivagangai.

4/5

B.PUGALENDHI, J.

ogy 08.02.2024 5/5