Savitha Samaja vs The Executive Officer on 18 August, 2017

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Karnataka High Court

Savitha Samaja vs The Executive Officer on 18 August, 2017

Bench: A.S.Bopanna

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 18th DAY OF AUGUST, 2017

                      BEFORE

       THE HON'BLE MR. JUSTICE A.S.BOPANNA

     WRIT PETITION NO.28848/2014(GM-R/C)

BETWEEN:

SAVITHA SAMAJA
MUDITHEGEYUVA KSHOWRIKARA SANGHA (R),
MELUKOTE,
(TONSURES ASSOCIATION),
PANDAVAPURA TALUK,
MANDYA DISTRICT,
REPERSENTED BY ITS,
1) PRESIDENT SRI. YOGANARASIMHA
2) SECRETARY SRI. M.S. HARISH.

                                   ... PETITIONER

(BY SRI P MAHESHA, ADV.)


AND:

1.   THE EXECUTIVE OFFICER
     SRI. CHLUVANARAYANA SWAMY TEMPLE,
     MULUKOTE-571431,
     PANDAVAPURA TALUK,
     MANDYA DISTRICT,
     PRESENTLY IN-CHARGE
     THE ASSISTANT COMMISSIONER,
     PANDAVAPURA SUB-DIVISION,
     MANDYA DISTRICT.
                           -2-


2.   THE DEPUTY COMMISSIONER
     MANDYA DISTRICT,
     MANDYA-571401.

3.   THE ENDOWMENT COMMISSIONER
     SRI. MALE MAHADESHWARASWAMY
     VARTHA BHAVANA,
     ALUR VENKATARAO ROAD,
     CHAMARAJAPET,
     BANGALORE-560018.

                                       ... RESPONDENTS
(BY SRI LAKSHMINARAYANA, AGA.)


     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE RESPONDENT AUTHORITIES TO CONSIDER
THE REPRESENTATION OF THE PETITIONERS VIDE ANN-C
& D AND PASS APPROPRIATE ORDERS TO RESTRAIN THE
UN-AUTHORISED TONSURING AT MELUKOTE TEMPLE.


    THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN `B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:


                      ORDER

The petitioners are before this Court seeking issue of mandamus to the respondents to consider the representations as at Annexures `D' and `E' to the petition.

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2. The petitioner claims to be an association whose members are involved in the profession of Tonsuring at the Melukote Temple. The grievance of the petitioner is that the persons who have no right to carry on the said profession and who do not belong to the community are also indulging in such acts and as such appropriate action is required to be taken by the respondents. It is in that light the petitioners have made representations as at Annexures `D' and `E' calling upon the respondents to take appropriate action in that regard.

3. A perusal of the petition papers would disclose that the representations as at Annexures `D' and `E' are dated 25.09.2013 and 24.09.2013 respectively. In that view since sufficient time has elapsed, I do not find the need to direct the respondents to consider the very same representation. It is for the reason that if the grievance of the petitioner - Association still survives, it -4- would be open for them to file a fresh representation indicating all details and seeking action from the respondents.

Therefore, liberty is reserved to the petitioner - Association to file a fresh representation to the competent authority, if the grievance still survives.

If such representation is filed by the petitioner - Association the same shall be taken note, all information shall be gathered and a decision shall be taken on the representation and the action taken shall be communicated to the petitioners in an expeditious manner.

In terms of the above, petition stands disposed of.

Sd/-

JUDGE SPS/bms

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