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Madras High CourtWP/5007/2024disposed of

V.R. Mani v. The Commissioner

2024-02-29Honourable Mr Justice P.D.Audikesavalu6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.02.2024

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. No. 5498 of 2024 V.R.Mani ... Petitioner -vs1. The Commissioner, No. 119, Uthamar Gandhi Road, Nungambakkam, Chennai - 600 034.

2. The Assistant Commissioner, No. 1/304-4, Rajaji Nagar, Rayakottai Road, Krishnagiri - 635 002.

3. The Inspector, Thirupattur Road, Pochampalli - 635 206, Krishnagiri District.

4. P.Vanaja

5. The Joint Commissioner, Tiruvannamalai.

(R5 is suo motu impleaded vide this order) ... Respondents 1/6

Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, forbearing the Respondents from performing Poojas and conducting Maha Sivarathri festival, 2024 for Angalamman Temple at Vilangamudi Village, Pochampalli Taluk without permitting the Petitioner and his family members and direct the First to Third Respondents to permit the Petitioner and his family members also to perform pooja and conducting Maha Sivarathri festival every year along with the Fourth Respondent.

For Petitioner : Mr. V.Elangovan For Respondents : Mr. K.Karthikeyan, Government Advocate (for R1 to R3) Mr. M.S.Palanisamy (for R4)

O R D E R

Heard Mr. V.Elangovan, Learned Counsel for the Petitioner, Mr. K.Karthikeyan, Learned Government Advocate appearing for the First to Third Respondents and Mr. M.S.Palanisamy, Learned Counsel for the Fourth Respondent and perused the materials placed on record, apart from the pleadings of the parties.

2.

The Writ Petition has been filed to restrain the Respondents from performing Poojas and conducting Maha Sivarathri Festival 2024 in Arulmighu 2/6

Angalamman Temple at Vilangamudi Village, Pochampalli Taluk without permitting the Petitioner and his family members and to direct the First to Third Respondents to permit the Petitioner and his family members also to perform pooja and conducting Maha Sivarathri festival every year along with the Fourth Respondent.

3.

Learned Government Advocate appearing for the Respondents, on instructions, states that after the filing of the Writ Petition, the Petitioner has made an application dated 27.02.2024 under Section 63(e) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 for the aforesaid relief claimed before the Joint Commissioner, Hindu Religious and Charitable Endowments Department, Tiruvannamalai, who is suo motu impleaded as the Fifth Respondent in this Writ Petition. It is further represented that the enquiry in the said application has been fixed on 05.03.2024 before the Fifth Respondent and that due notice would be sent to the Petitioner, Fourth Respondent and all other persons concerned for the same and he has also filed a memo dated 29.02.204 to that effect, which is placed on record. 4.

In view of the aforesaid action taken by the Fifth Respondent, nothing remains for further consideration in this Writ Petition, but it would not preclude 3/6

the Petitioner, if he still has any further grievance, from working out his remedies before proper forum in the manner recognized by law. In the result, the Writ Petition is disposed on the aforesaid observations. Consequently, the connected Miscellaneous Petition is closed. No costs. 29.02.2024 Index: Yes/No NCC: Yes/No Note: Issue order copy by 22.05.2024.

kv To

1. The Commissioner, No. 119, Uthamar Gandhi Road, Nungambakkam, Chennai - 600 034.

2. The Assistant Commissioner, No. 1/304-4, Rajaji Nagar, Rayakottai Road, Krishnagiri - 635 002.

3. The Inspector, Thirupattur Road, Pochampalli - 635 206, Krishnagiri District.

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4. The Joint Commissioner, Tiruvannamalai.

5/6

P.D. AUDIKESAVALU, J.

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