R.Vasantha v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.12.2024

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE R.Vasantha ... Petitioner Vs.

1.The Commissioner, Hindu Religious and Charitable Endowments Department (HR and CE), Nungambakkam, Chennai.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department (HR and CE), Tanjore.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department (HR and CE), Pudukkottai.

4.V.A.Karuppaiya 5.Vellaiyan Poosari 6.K.V.Kannan

7.Selvaraj Servai 8.Karuppaiah Servai ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondents 1 to 3 to conduct an audit to the temple namely "Arulmigu Senbaga Sastha Ayyanar (Karungal Mandapam) Temple" situated at Nallambalsamuthiram Panchayat, Nallambalsamuthuram Union, Thirumayam Taluk, Pudukkottai District and submit a report which known to the public based on the representation of the petitioner dated 26.11.2024 in the light of the judgment dated 07.06.2021 passed by the Hon'ble Division Bench in Suo moto writ petition in W.P.No.574 of 2015 and W.P.(MD).Nos.24178 of 2018 within the time limit that may be stipulated by this Court.

For Petitioner : Mr.M.Benazir Begum For R-1 to R-3 : Mr.P.Thilak Kumar Government Pleader For R-5 : Mr.G.Mathavan

ORDER

(Order of the Court was made by M.S.RAMESH,J.) By consent of both sides, the Writ Petition itself is taken up for final disposal at the stage of admission itself.

2. This Writ Petition has been filed for a mandamus to direct the respondents 1 to 3 to conduct an audit to the temple namely "Arulmigu Senbaga Sastha Ayyanar (Karungal Mandapam) Temple" situated at Nallambalsamuthiram Panchayat, Nallambalsamuthuram Union, Thirumayam Taluk, Pudukkottai District and submit a report as known to the public based on the representation of the petitioner dated 26.11.2024 in the light of the judgment passed by the Hon'ble Division Bench in Suo moto writ petition in W.P.No.574 of 2015 and W.P.(MD).Nos.24178 of 2018 dated 07.06.2021 within the time limit that may be stipulated by this Court.

3. Since no adverse orders are going to be passed against the respondents 4 and 6 to 8, notice to the respondents 4 and 6 to 8 is hereby dispensed with.

4. The petitioner herein had given a representation to the respondents 1 to 3 on 26.11.2024 to conduct an audit to the subject temple and submit a report. Since the said representation was not considered, the present Writ Petition has been filed.

5. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of the India and direct them to consider the same within a stipulated time.

6. In the light of the above observations, there shall be a direction to the respondents 1 to 3 herein to consider the petitioner's representation dated 26.11.2024, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner and the respondents 4 to 8 herein, as well as all other persons, who may be interested in the subject property, within a period of three (3) months from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the concerned respondents to consider the same on its own merits.

7. With the above direction, the Writ Petition stands disposed of. There shall be no order as to costs.

(M.S.R.,J.) (A.D.M.C.,J.) 13.12.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm To 1.The Commissioner, Hindu Religious and Charitable Endowments Department (HR and CE), Nungambakkam, Chennai.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department (HR and CE), Tanjore.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department (HR and CE), Pudukkottai.

M.S.RAMESH,J.

and A.D.MARIA CLETE,J.

Lm 13.12.2024