N.K.Andavar, v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.02.2019

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA W.P.No.1016 of 2016 N.K.Andavar .. Petitioner Vs.

1. The Commissioner, Department of Hindu Religious & Charitable Endowment, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

2. The Executive Officer, A/M Kondathu Kaliamman Thirukoil, Pariyur Village, Gobichettipalayam Taluk, Erode District.

.. Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the second respondent herein to implement and strictly follow the proceedings of the first respondent herein passed in Se.Mu.Na.Ka.No.23449/2015/H2 dated 15.06.2015 in respect of A/M Kondathu Kaliamman Thirukoil Temple situate at Pariyur Village, Gobichettipalayam Taluk, Erode District.

For Petitioner : Mr.K.Govi Ganesan For Respondent - 1 : Mr.M.Maharaja Special Government Pleader (HR & CE) For Respondent - 2 : Mr.R.Karthikeyan

O R D E R

The prayer sought for in this Writ Petition is for issuance of a Writ of Mandamus to direct the second respondent to implement and strictly follow the proceedings of the first respondent passed in Se.Mu.Na.Ka.No.23449/2015/H2 dated 15.06.2015 in respect of Arulmighu Kondathu Kaliamman Thirukoil Temple situated at Pariyur Village, Gobichettipalayam Taluk, Erode District.

2. The petitioner claims to be a devotee and worshipper of Arulmigu Kondathu Kaliamman Thirukoil Temple, which is the second respondent herein. The first respondent had passed an order on 15.06.2015 vide his proceedings in Se.Mu.Na.Ka.No.23449/2015/H2, wherein, certain terms were given with respect to the performance of pooja timings etc in the Temple.

3. The grievance of the petitioner is that the said direction given by the first respondent is not being implemented by the second respondent, which would be against the customary practice in the Temple and Agama Rules. Though a complaint is made by the petitioner, there is no material record filed excepting representations to the authorities to show that the order of the first respondent had not been strictly complied with. It is also relevant to mention that excepting the petitioner, who has given representations in his representative capacity, no other villager has made the request to the respondent individually.

3.

Heard Mr.M.Maharaja, learned Special Government Pleader (H.R & C.E) on behalf of the first respondent and Mr.Mr.R.Karthikeyan, learned counsel on behalf of the second respondent.

4.

Learned Counsel, who had accepted notice on behalf of the respondents, on instructions, submitted that the second respondentTemple has been following the directions given in the proceedings of the first respondent dated 15.06.2015 scrupulously and that there is no deviation in this same. The said submission is recorded.

5.

Accordingly, the second respondent is directed to follow the directions given by the first respondent in his proceedings in its letter and spirit and the second respondent also stated that the proceedings are being followed.

6.

With the above direction, this writ petition stands disposed of. No costs.

13.02.2019 Index : Yes / No Internet : Yes / No srn/av To

1. The Commissioner, Department of Hindu Religious & Charitable Endowment, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

2. The Executive Officer, A/M Kondathu Kaliamman Thirukoil, Pariyur Village, Gobichettipalayam Taluk, Erode District.

PUSHPA SATHYANARAYANA, J.

srn/av W.P.No.1016 of 2016 13.02.2019