Rajasundar.R v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.09.2024

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ R.Rajasundar ... Petitioner Vs.

1.The Commissioner, Hindu Religious and Charitable Endowment Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai-600 034.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Madurai-625 016.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Madurai.

4.Saravanan 5.Thangavairan @ N.S.Vairan ... Respondents 1/5

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 3 to take appropriate action as against the fourth respondent for the act of misusing his official power by considering the petitioner's representation, dated 07.11.2023 and pass such further or other orders as this Court. For Petitioner : Mr.P.Balamurugan For R-1 to R-3 : Mr.K.S.Selvaganesan Additional Government Pleader For R-5 : Mr.R.Anand

ORDER

The present writ petition is filed for Mandamus directing the respondents 1 to 3 to take appropriate action as against the fourth respondent by considering the petitioner's representation, dated 07.11.2023, wherein it was alleged that there is misuse / abuse by the fourth respondent of his position as Thakkar of Arulmigu Sundaravalli Amman Temple.

2. In view of the limited relief prayed for and proposed to be granted in the light of facts brought to the notice of this Court, notice to the fourth respondent is dispensed with.

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3. At the outset, it is submitted by the learned Additional Government Pleader appearing for the official respondents that the representation of the petitioner, dated 07.11.2023 would be considered and appropriate orders would be passed after putting the petitioner, fifth respondent and all other interested parties on notice, within a period of four weeks from the date of receipt of a copy of this order. The same is acceded to by the learned Counsel for the petitioner.

4. This Court does not intend to express anything on the merits of the above submission. It is open to the petitioner, fourth and fifth respondents and any other interested parties / stakeholder to put-forth their objections and the same shall be considered by the concerned respondent authorities and orders shall be passed in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any views with regard to the merits of the representation and it is open to the appropriate authority to consider the representation on its own merits and in accordance with law.

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5. The writ petition stands disposed of with the above observation. There shall be no order as to costs.

18.09.2024 NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The Commissioner, Hindu Religious and Charitable Endowment Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai-600 034.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Madurai-625 016.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Madurai.

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MOHAMMED SHAFFIQ , J.

BTR 18.09.2024 5/5