K.Nagasamy v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.03.2022 C O R A M THE HON'BLE MS.JUSTICE V.M.VELUMANI W.P.No.6852 of 2022 K.Nagasamy

...Petitioner

Vs 1.The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Road, Nungambakkam, Chennai 600 034.

2.The Joint Commissioner, Regional Office, Hindu Religious and Charitable Endowments Department, Villupuram - 605 602.

3.The Tahsildar, Gingee Taluk, Gingee, Villupuram District.

... Respondents Prayer Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 26.02.2022.

For Petitioner : Mr.C.Munusamy For R1 & R2 : Mrs.Geetha Thamaraiselvan Special Government Pleader (HR & CE) For R3 : Mr.T.K.Saravanan Government Advocate

ORDER

This Writ Petition is filed for a direction to the respondents to consider the petitioner's representation dated 26.02.2022.

2.By consent of both the learned counsel appearing for the petitioner as well as Mrs.Geetha Thamaraiselvan, learned

Special Government Pleader (HR & CE), who takes notice for the respondents 1 & 2 and Mr.T.K.Saravanan, learned Government Advocate, who takes notice for the 3rd respondent, this Writ Petition is taken up for final disposal at the stage of admission itself.

3.According to the petitioner, Sri Muthumariamman Temple in Keezhaiyur Village, Gingee Taluk, Villupuram District, is in existence for more than 400 years. The management of the said temple is carried out by Keezhaiyur Villagers and the festivals are also conducted by them. While so, some persons of Maniampattu Village are creating problem in the management of the temple. When the renovation work was done, the name of the Keezhaiyur Village was erased from the Mariamman statue and the learned counsel appearing for the petitioner produced the photograph to that effect. According to the petitioner, due to the dispute between two villagers, a peace committee meeting was conducted and the Tahsildar - the 3rd respondent herein, directed that the name of the Keezhaiyur village to be incorporated in the statue and the said order was not complied with. Hence, the petitioner sent a representation to the respondents to incorporate the name of the Keezhaiyur village in the statue and has come out with the present Writ Petition.

4.Mr.T.K.Saravanan, learned Government Advocate appearing for the 3rd respondent produced the copy of the decision taken in the peace committee meeting conducted on 03.11.2021 and submitted that the representation of the petitioner will be considered based on the decision taken by the peace committee meeting, after hearing the petitioner and other parties concerned. 5.Considering the fact that there is some law and order problem and peace committee meeting was conducted on 03.11.2021, the respondents 1 and 2 are directed to consider the representation of the petitioner and pass orders on merits and in accordance with law, based on the decision arrived in the peace committee meeting after hearing the petitioner and others if any. 6.With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-VI) // True Copy // Sub Assistant Registrar

rst To:

1.The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Road, Nungambakkam, Chennai 600 034.

2.The Joint Commissioner, Regional Office, Hindu Religious and Charitable Endowments Department, Villupuram - 605 602.

3.The Tahsildar, Gingee Taluk, Gingee, Villupuram District.

+1cc to the Government Pleader, SR.No.21038, +1cc to Special Government Pleader(HR &CE), SR.No.21158(28/04/2022) W.P.No.6852 of 2022 PMK(CO) CB(21/04/2022)