S.A. RAJENDRAN POOSARI Vs. SECRETARY, HINDU RELIGIOUS

JUDGEMENT

(1.) THE prayer sought for in this writ petition is for a direction to the respondents 1 and 2 to consider the representation of the petitioner dated 21.04.2008 and accord sanction to the petitioner to take criminal ion against the erstwhile Managing Trustee and the Executive Officer/Assistant Commissioner of the Temple who are the respondents 3 and 4 in this writ petition.

(2.) THE case of the petitioner is that he is the Managing Trustee of Arulmighu Mariamman Thirukovil, and the said temple is under the control of Tamil Nadu Hindu Religious and Charitable Trust Board. A scheme has been framed for the Management and administration of the temples and its properties in O.A.No.160 of 1934 by the Board of Commissioner and Hindu Religious and Charitable Endowments, Madras, through an order dated 04.05.1935. Accordingly, the temple and its properties are being administered and managed by the hereditary Trustees.

(3.) THE only grievance of the petitioner is that his representation sent on 21.04.2008, seeking for sanction for prosecuting the respondents 3 and 4 has not been considered by the respondents 1 and 2. If that is the case, it is for the respondents 1 and 2 to consider the representation of the petitioner and pass orders on the same on merits and in accordance with law. It is needless to state that before passing any order, the respondents 1 and 2 shall give adequate opportunity to the petitioner as well as the respondents 3 and 4. Therefore, without going into the merits and claim made by the petitioner, I only direct the respondents 1 and 2 to consider the representation given by the petitioner on 21.04.2008 and pass orders on the same and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. As already pointed out that the respondents 1 and 2 while considering the representation of the petitioner shall also hear the respondents 3 and 4 and pass orders in accordance with law.