K. Mohankumar vs The Commissioner and Others

M. Jaichandren. J.

The main grievance of the Petitioner is that the election to elect the trustees of ""Arulmigu Sri Kaliga Parameswari @ Kamachiamman Temple

situated at Periya Kammala Street, Tiruchirapalli, had not been conducted in accordance with the scheme decree, dated 28.08.1928, made in

O.S. No. 2 of 1927, on the file of the District Court, Tiruchirapalli.

The learned Counsels appearing on behalf of the Respondents had stated that it is for the Petitioner to approach the District Court and the

District Court, Tiruchirapalli, is the appropriate Court which could pass appropriate orders, in O.S. No. 2 of 1927, as per the scheme decree,

dated 28.08.1928.

Even though the learned Counsel appearing on behalf of the Petitioner had pointed out that this Court had passed earlier orders directing the

Hindu Religious and Charitable Endowment authorities to conduct the election, as per the scheme decree, dated 28.08.1928, made in O.S. No. 2

of 1927, this Court does not find it appropriate to pass such an order in view of the fact that nothing has been shown on behalf of the Petitioner to

substantiate his claim that there is a mandatory duty cast on the concerned authorities of the Hindu Religious and Charitable Endowment

Department to conduct the election, as per the scheme decree, dated 28.08.1928. As such, the writ petition is devoid of merits. Hence, it is

dismissed. No costs. However, it is made clear that it would be open to the Petitioner to approach the District Court, Tiruchirapalli, to implement

the scheme decree, dated 28.08.1928, made in O.S. No. 2 of 1927, in the manner known to law. Consequently, connected Miscellaneous

Petition is closed.