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2015 DIGILAW 1584 (MAD)

S. Vijayasekharan Nair v. Commissioner of Hindu Religious & Charitable Endowment

2015-03-23

V.M.VELUMANI

body2015
Judgment :- The petitioner has filed the present Writ Petition to direct the respondents 1 and 2 to initiate appropriate action in accordance with law on the petitioner's representation dated 20.07.2010. 2. When the matter was taken up for hearing on 23.02.2015, the learned counsel appearing for the petitioner represented that the third respondent died and requested time to bring the Legal Representatives of the third respondent on record. Even after various adjournments, he has not filed any petition to bring the Legal Representatives of the third respondent. 3. According to the petitioner, the senior most surviving Swamiji will nominate the successor. The Munchirai Mutt was administered by Koothampalli Krishnadass Deva Bhrimanantha Theertha Periya Swamiyar. The said Swamiji died on 10.11.1997. Subsequently, no Madathipathi was appointed. The third respondent is in control of the affairs of the Mutt. 4. According to the petitioner, the third respondent is not properly managing the account and damage caused to the institutions and to assets. The Officials of the HR & CE department are colluded with the third respondent. The third respondent is not rendering the account. Therefore, he sent a representation dated 20.07.2010 to the second respondent to take action against the third respondent. The respondents did not pass any order on the representation. Therefore, he has filed the present writ petition for the relief stated supra. 5. The third respondent has filed a counter affidavit denying all the averments made in the writ petition. According to the third respondent, he is maintaining the Mutt properly and there is no collusion between himself and the HR & CE Department. Accounts of the Munchirai Mutt are properly and perfectly inspected by the Hindu Religious and Charitable Endowments Department and the petitioner is not entitled to question the same. The petitioner is only a trouble maker, he is nothing to do with the Mutt. Therefore, he prayed for dismissal of the writ petition. 6. Heard Mr.S.Anwar Samum,, the learned counsel appearing for the petitioner, Mr.T.S.Mohamed Mohideen, learned Additional Government Pleader appearing for the respondents 1 and 2 and Mr.K.N.Thambi, learned counsel appearing for the third respondent. 7. From the pleadings, it is seen that the petitioner has made various allegations against the third respondent. According to the counsels, the third respondent died. In the circumstances, the writ petition is dismissed. 7. From the pleadings, it is seen that the petitioner has made various allegations against the third respondent. According to the counsels, the third respondent died. In the circumstances, the writ petition is dismissed. It is open to the petitioner to send a fresh representation for redressal of his grievance. No costs. Consequently, M.P.(MD)No.1 of 2010 is closed.