Madras High Court
Murugiah Kandyar vs The Commissioner on 27 August, 2012
Author: K.Chandru
Bench: K.Chandru
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27/08/2012 CORAM THE HONOURABLE MR.JUSTICE K.CHANDRU W.P.(MD)No.7787 of 2012 and M.P.(MD)Nos.1 to 3 of 2012 Murugiah Kandyar ... Petitioner vs. 1.The Commissioner, Hindu Religious and Charitable Endowments Administration Department, Gandhi Road, Nungambakkam, Chennai. 2.The Joint Commissioner, Hindu Religious and Charitable Endowments Administration Department, No.134, Amma Mandapam Road, Srirangam, Trichy District. 3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Administration Department, Pudukkottai, Pudukkottai District. 4.The Executive Officer, Devasthanam Temple of Pudukkottai, Public Office Building, Pudukkottai, Pudukkottai District. 5.The District Collector, Pudukkottai District, Pudukkottai. ... Respondents PRAYER Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to count the Hundiyals and other incomes to Arulmighu Muthumariamman Temple, Narthamalai, Kulathoor Taluk, Pudukkottai District in the presence of Tahsildar, Kulathoor and Nattu Ambalam. !For Petitioner ... Mr.N.Balakrishnan ^For Respondents 1to3 and 5 ... Mr.M.Alagathevan, Special Government Pleader For Respondent No.4 ... Mr.G.Mathavan ***** :ORDER
***** In this Writ Petition, the petitioner seeks for a direction to the respondents to count the Hundiyals and other income of Arulmighu Muthumariamman Temple, Narthamalai, Kulathoor Taluk, Pudukkottai District in the presence of Tahsildar, Kulathoor and Nattu Ambalam and to pass appropriate orders.
2. The petitioner claims himself to be a Nattu Ambalam otherwise known as 'Miras' of Sathyamangalam Village. The grievance of the petitioner was that the said temple has not been proceeded with proper amenities. Even though the devotees belonged to the temple are in large numbers, there was no electricity supply during the festival of this year and the petitioner, being a Nattu Ambalam, spent out of his pocket and provided for diesel generators. He also stated that 15 temporary Hundiyals are used to be set up in the temple and apart from that, there are three permanent Hundiyals and large collection is to take place. However, there is no proper orderly maintenance of temple affairs during the annual festival. Therefore, unless the income of the temple is counted received through Hundiyals in the proper presence of the Tahsildar, Kulathoor. and Nattu Ambalam, the problem will not be solved. By way of interim direction, he also sought for a direction to the respondents to the effect that the tickets printed in the name of Arulmighu Muthumariamman Temple, Narthamalai should also have a seal of the Tahsildar, Kulathoor.
3. When the Writ Petition came up for admission on 11.06.2012, this Court wanted to find out as to whether it has to be moved as a Public Interest Litigation. Subsequently, the matter was adjourned and till date, it is yet to be admitted. In the meanwhile, the fourth respondent, viz., the Executive Officer of Devasthanam Temples of Pudukkottai has filed a counter-affidavit dated 21.08.2012 together with the supporting documents in the form of typed- set.
4. In the counter-affidavit filed by the fourth respondent, it is stated that the main Hundiyal was opened on 07.05.2012 in the presence of the previous Executive Officer, the Inspector of Hindu Religious and Charitable Endowments, the Assistant Commissioner and fit person, Pudukkottai Temples, District Panchayat member, President and general public and they have also signed in the Hundiyal register. It was wrong on the part of the petitioner to state that the Hundiyal was opened on 09.05.2012. The collections made from the general public have been utilized properly. The petitioner wanted to collect funds for the renovation of the temple in the name of a trust, which was objected to by the department and, therefore, the petitioner is having a grouse against the temple administration and in respect of collection of Hundiyal, it is stated that the question of Tahsildar being invited is not contemplated and the Hindu Religious and Charitable Endowments Department is an autonomous department manned by its own officers. The opening of the temple Hundiyal is exhibited in the notice board containing the date and time of opening and public are invited to be present at the time of opening. The remaining Hundiyals were also opened as per the procedure on 22.06.2012. Similarly, the question of getting the tickets of the temple printed with the seal of the Tahsildar is also not contemplated. On the other ground, the tickets are sealed by the Assistant Commissioner -cum- fit person of Hindu Religious and Charitable Endowments Department, Pudukkottai, Executive Officer, Pudukkottai Devasthanam and initialed by the authorities concerned. The tickets are also printed by the Executive Officer of Devasthanam in the Government Co-operative Press, Pudukkottai District.
5. In the light of the stand taken by the respondents, and there being no legal and enforceable right on the part of the petitioner, the Writ Petition is not maintainable.
6. However, Mr.N.Balakrishnan, learned counsel appearing for the petitioner states that the authorities concerned of the temple should be directed to public the income and expenditure of the temple. In this case, it must be noted that the State Government had framed statutory rules vide G.O.Ms.No.4065, Revenue Department, dated 26.09.1961, which was subsequently amended vide G.O.Ms.No.275, C.T.&R.E. Department, dated 16.07.1997 known as 'the Collection of Income and the Incurring of Expenditure Rules'. Therefore, if the petitioner is interested, he can always apply for a copy of the said budget (jpl;lk;) of the temple and be satisfied with the same. On this score, it is unnecessary to grant any such direction as sought for by the petitioner in the present Writ Petition. Hence, the Writ Petition will stand dismissed. Consequently, the connected miscellaneous petitions are closed. No costs.
SML To
1.The Commissioner, Hindu Religious and Charitable Endowments Administration Department, Gandhi Road, Nungambakkam, Chennai.
2.The Joint Commissioner, Hindu Religious and Charitable Endowments Administration Department, No.134, Amma Mandapam Road, Srirangam, Trichy District.
3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Administration Department, Pudukkottai, Pudukkottai District.
4.The Executive Officer, Devasthanam Temple of Pudukkottai, Public Office Building, Pudukkottai, Pudukkottai District.
5.The District Collector, Pudukkottai District, Pudukkottai.