K.Manivannan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.02.2019

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.3378 of 2019 and WMP.Nos.3657 & 3658 of 2019 K.Manivannan

...Petitioner

vs.

1.The Commissioner No.119, Uthamar Gandhi Salai Thousand Lights West Nungambakkam, Chennai-600 034.

2.The Assistant Commissioner Salem Kottai Mariamman Kovil Salem - 636 001.

3.M.Ramasamy

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 and 2 to constitute "Festival Committee" to conduct "Thai Festival" for the "Sri Arulmigu Mariamman Temple", Jagirnayakanpatti, Salem and also include the name of the petitioner and other oor Gounders by considering the representation dated 20.01.2019.

For Petitioner :Mr.R.Rajarajan For Respondents :Mr.M.Maharaja Special Government Pleader

O R D E R

Mr.M.Maharaja, learned Special Government Pleader takes notice for the respondents 1 & 2. Since this Court is inclined to dispose of this writ petition at the admission stage itself, there is no necessity to issue notice to the third respondent. Hence, notice to the third respondent is dispensed with.

2. This writ petition is filed seeking for a mandamus, directing the respondents 1 and 2 to constitute "Festival Committee" to conduct "Thai Festival" for the "Sri Arulmigu Mariamman Temple", Jagirnayakanpatti, Salem and also include the name of the petitioner and others, by considering the representation dated 20.01.2019.

3. It is seen that the very same petitioner earlier approached this Court and filed a writ petition in WP.No.2909 of 2019 and sought for a direction to the Hindu Religious and Charitable Endowments, Salem to forthwith include the petitioner and four other villagers in the Thai Festival Advisory Committee of Arulmighu Mariamman Temple, Jagir Kamanaickenpatty, Salem (West) Taluk, Salem, by consider his representation dated 20.01.2019. It is further seen that the said writ petition was disposed of on 31.01.2019 by directing the respondent therein to pass orders on the representation of the petitioner on merits and in accordance with law, after issuing notice to the petitioner and also affording due opportunity of hearing to the petitioner as well as any of the interested parties on or before 02.02.2019.

4. Conveniently, the petitioner suppressed the factum of filing the earlier writ petition and the order passed therein in the affidavit filed in support of the present writ petition, especially, when the petitioner is one and the same in both the writ petitions. Therefore, this Court is not inclined to entertain the present writ petition since already the petitioner approached this Court and got a direction to the Hindu Religious and Charitable Endowment Department, Salem to dispose of his representation dated 20.01.2019. Hence, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrarmk To 1.The Commissioner No.119, Uthamar Gandhi Salai Thousand Lights West Nungambakkam, Chennai-600 034.

2.The Assistant Commissioner Salem Kottai Mariamman Kovil Salem - 636 001.

+1cc to the Government Pleader Sr.10321 W.P.No.3378 of 2019 vsn II[co] srg 26/02/2019