Madras High Court
Kongu Vellala Gounder Koorai Kula vs The Commissioner on 21 January, 2016
Author: R.Mahadevan
Bench: R.Mahadevan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.01.2016
CORAM
The Hon'ble Mr.Justice R.Mahadevan
Writ Petition No.1748 of 2016
and
W.M.P.No.1534 of 2016
Kongu Vellala Gounder Koorai Kula
Pangaligal Samuga Nala Munnetra Arakkattalai,
rep. by its President,
P.Ramanathan,
having its registered office at
Old No.7/3 New No.18/1,
Salem Main Road, Goundanoor,
Sankagiri West, via.
Padai Vedu Post, Thiruchengode Taluk,
Namakkal District. ... Petitioner
Vs.
1. The Commissioner,
Hindu Religious & Charitable Endowments Dept.,
Uthamar Gandhi Salai,
Nungambakkam, Chennai - 600 034.
2. The Joint Commissioner,
Hindu Religious & Charitable Endowments Dept.,
Salem.
3. The Assistant Commissioner,
Hindu Religious & Charitable Endowments Dept.,
Namakkal.
4/ S.N.Shanmugam
5. A.Subramani. ... Respondents
Prayer:-
Writ petition has been filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the second respondent to entertain the petitioner's application, dated 03.09.2015, as well as the reminder, dated 18.01.2016, to recognized the trustees elected by the petitioner-Trust herein and pass orders thereon after affording an opportunity to the petitioner-Trust.
For Petitioner : Mr.Silambanan
Senior Counsel for
M/s.Kaavya Silambanan
For Respondents 1 to 3 : Mr.P.Sanjay Gandhi
Additional Government Pleader
O R D E R
The prayer in the Writ Petition is for issuance of mandamus, directing the second respondent to entertain the application/representation, dated 03.09.2015 as well as the reminder, dated 18.01.2016, made by the petitioner to recognize the Trustees elected by the petitioner -Trust.
2. When this Writ Petition is taken up for hearing today, the learned Additional Government Pleader, appearing for the respondents 1 to 3, has produced a communication of the second respondent-Joint Commissioner, H.R.& C.E, Salem, addressed to the Government Advocate, H.R.& C.E. High Court, Madras, dated 20.01.2016, before this Court, and submitted that, in respect of the very same Temple related issue, raised by one A.Balakrishnan, in W.P.No.26196 of 2015, this Court, after finding that the dispute is inter se dispute, and after holding that the issue raised, as to who is entitled to do perform poojas in the Temple, called Sri Arulmigu Athanoor Amman Temple cannot be resolved by the Court, directed the second respondent to decide the said issue after affording opportunity of being heard to the petitioner, private respondents and also after issuing notice to any other interested parties concerned. The learned Additional Government Pleader, after making the aforesaid submission, has invited this Court's attention to the apposite paragraph of the communication sent by the second respondent, dated 20.01.2016, (as quoted infra) and submitted that, pursuant to the direction issued by this Court in the aforesaid Writ Petition, the second respondent happened to consider the representation made by the petitioner, dated 03.09.2015, the reminder, dated 18.01.2016, as well as the representation made by the fifth respondent-A.Subramani and three others, dated 26.11.2015, with regard to which, he is desirous of conducting an enquiry on 27.01.2016. The learned Additional Government Pleader, therefore, submitted that, nothing survives in this Writ Petition for any adjudication, as the petitioner's representation has been considered and the second respondent has decided to pass orders regarding the issue, as to who is entitled to do the poojas in the aforementioned Temple, after conducting enquiry. The communication of the second respondent, dated 20.01.2016, produced by the learned Additional Government Pleader is placed on record.
3. Heard the submission made by the learned Additional Government Pleader, appearing for respondents 1 and 3 and perused the communication, dated 20.01.2016, sent by the second respondent, and at this stage, it would be beneficial to quote the relevant portion of the said communication:-
,j;jpUf;nfhapYf;F jpUg;gzp bra;tJ Fwpj;J jpU/V/Rg;ukzp kw;Wk; K:tuhy; 26/11/2015 md;W mDg;gg;gl;l kD kw;Wk; jw;nghJ jpU/V/,uhkehjd; vd;gtuhy; mDg;gg;gl;l kDf;fspd; kPJ tprhuiz 27/01/2016 md;W eilbgwt[s;sJ/ nkw;go tprhuizapd; Kotpy; jpUf;nfhapYf;F jpUg;gzp bra;tJ Fwpj;J jFe;j cj;jut[ gpwg;gpf;fg;gLk;/
4. Thus, on a perusal of the para, (quoted supra), it could be easily inferred that the prayer sought for by the petitioner herein has been met with. However, the learned Senior Counsel appearing for the petitioner submits that though the representation made by the petitioner has been received by the second respondent, and he has proposed to conduct an enquiry, the learned counsel, prayed that, appropriate direction may be issued to the second respondent to conduct enquiry and complete the same in a time bound manner.
5. In the light of the submissions made on either side, there will be a direction to the second respondent to conduct enquiry, and after affording adequate opportunity of being heard to the petitioner, private respondents herein and also the rival parties complete the same, and pass appropriate orders on merits and in accordance with law. The aforesaid exercise shall be completed by the second respondent within a period of six weeks from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petition is closed.
21.01.2016 sd Index : Yes/no To
1. The Commissioner, Hindu Religious & Charitable Endowments Dept., Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.
2. The Joint Commissioner, Hindu Religious & Charitable Endowments Dept., Salem.
3. The Assistant Commissioner, Hindu Religious & Charitable Endowments Dept., Namakkal.
R.Mahadevan , J., sd Writ Petition No.1748 of 2016 21.01.2016