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2025 DIGILAW 2750 (MAD)

Vijayakumar S/o Arunachalam v. Commissioner HR & CE Department, Chennai

2025-07-02

N.ANAND VENKATESH

body2025
ORDER : 1. This writ petition has been filed for the issue of writ of mandamus directing the 1st respondent to act upon the nomination of the two non-hereditary trustees made by the 3rd respondent and direct the respondents to issue necessary orders to hand over the charge to the non-hereditary trustees of Arulmigu Ramalinga Sowdeswari Amman Temple, Kottamettupatti Village, Omalur Town and Taluk, Salem District. 2. When the writ petition came up for hearing on 04.06.2025, the learned Additional Government Pleader produced the written instructions from the 3rd respondent and recording the same, the following order was passed on 04.06.2025:- Mr.S.Ravichandran, learned Additional Government Pleader takes notice on behalf of the respondents and produced the written instructions received from the third respondent. The relevant portions in the written instructions are extracted hereunder: 2. Learned counsel for the petitioner is directed to take instructions in this regard. Post this writ petition under the caption "For Orders" on 02.07.2025. 3. When the matter was taken up for hearing today, the learned Additional Government pleader produced the written instructions from the 3rd respondent, which is almost similar to the earlier instructions that were placed before this Court. 4. It is seen from records that the 3rd respondent is actually contradicting himself by issuing the present written instructions, which is completely different from the earlier proceedings dated 02.03.2025. A careful reading of the proceedings dated 02.03.2025 reveals the fact that for the purpose of appointing Non-hereditary trustees, notification was issued and applications were collected from eight persons. An enquiry was conducted and the views of the Mahajana sabai was also ascertained and three persons were selected as hereditary trustees and two persons were nominated. Accordingly the names of five persons have already been forwarded by the 3 rd respondent to the Commissioner and the 3 rd respondent has informed that the appointment of those non-hereditary trustees will take place only after the Government Order is issued. Since there was no progress thereafter, the petitioner has approached this Court seeking for appointment of Non hereditary trustees in line with the proceedings of the 3 rd respondent dated 02.03.2025. 5. The 3 rd respondent has taken a completely different stand as if there was no consensus between two groups and therefore, no one was selected / nominated as non-hereditary trustees. 5. The 3 rd respondent has taken a completely different stand as if there was no consensus between two groups and therefore, no one was selected / nominated as non-hereditary trustees. There is no occasion for the 3 rd respondent to come up with such a stand since the earlier proceedings dated 12.03.2025 reveals the fact that enquiry was conducted, report was submitted and the opinion of the Mahajana sabai was also taken. Therefore, this Court will not permit the 3 rd respondent to now back track and sing a completely different song before this Court. 6. In the light of the above discussion, there shall be a direction to the 1 st respondent to act upon the nominations that have already been forwarded to the 1 st respondent and take effective steps to follow up with the Government and ensure that a Government Order is passed appointing non-hereditary trustees for the temple. This shall be on the basis of a decision, which was already taken and is reflected in the proceedings of the 3 rd respondent dated 02.03.2025. The entire process shall be completed within a period of six weeks from the date of receipt of a copy of this order. 7. This writ petition is disposed of with the above directions.