A.Sivanantham v. The Principal Secretary To The
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.03.2018
CORAM
THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.5978 of 2018 and WMP.No.7355 of 2018 A.Sivanantham Son of Arumugam .. Petitioner Vs.
1.The Principal Secretary to the Government Tamil Nadu Hindu Religious Charitable Endowment Department Secretariat, Fort St.George, Chennai.
2.The Commissioner Tamil Nadu Hindu Religious and Charitable Endowment Department Uttamar Gandhi Road Nungambakkam, Chennai-600 034.
3.The Joint Commissioner Tamil Nadu Hindu Religious and Charitable Endowment Department Dr.Balasundaram Road, Coimbatore - 641 018.
4.The Executive Officer Arulmigu Angala Amman and Mariamman Thirukovil Annur - 641 653.
... Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus, forbearing the respondent authorities No.2 to 4 from fixing the date of Kumbabishekam function of 4th respondent Temple until unless to replace the present idol with the old, ancient idol of "Arulmigu Angala Amman" in the respective peedam or to place new idol of Goddess in accordance with the report of sculptor dated 26.01.2018 and in accordance with the design / structure of old statue by considering the petitioner's representation dated 28.01.2018.
For Petitioner : Mr.K.Mylsamy 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. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.
2. The petitioner seeks for a mandamus, forbearing the respondents 2 to 4 from fixing the date of Kumbabishekam function of 4th respondent Temple until unless the present idol is replaced with the old one, in accordance with Aagamam and with the report of sculptor dated 26.01.2018 and in accordance with the design / structure, by considering the petitioner's representation dated 28.01.2018.
3. Though the writ petition is filed with such prayer, this Court, is not inclined to issue any such mandamus, in view of the fact that the very representation made by the petitioner to that effect before the respondents is said to be still pending.
4. Therefore, this Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner, as it is for the third respondent to consider and decide the same on merits and in accordance with law. Accordingly, this writ petition is disposed of, only by directing the third respondent to consider the representation of the petitioner dated 28.01.2018 and pass orders on the same on merits and in accordance with law, after hearing the petitioner and other interested parties, if any. Such exercise shall be done by the third respondent within a period of four weeks from the date of receipt of a copy of this order. No costs.
Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar mk To 1.The Principal Secretary to the Government Tamil Nadu Hindu Religious Charitable Endowment Department Secretariat, Fort St.George, Chennai.
2.The Commissioner Tamil Nadu Hindu Religious and Charitable Endowment Department Uttamar Gandhi Road Nungambakkam, Chennai-600 034.
3.The Joint Commissioner Tamil Nadu Hindu Religious and Charitable Endowment Department Dr.Balasundaram Road, Coimbatore - 641 018.
4.The Executive Officer Arulmigu Angala Amman and Mariamman Thirukovil Annur - 641 653.
+1cc to Mr.K.MYILSAMY, Advocate, S.R.No. 19950 +1cc to the Government Pleader, S.R.No. 20573 W.P.No.5978 of 2018 SSI(CO) TR(19/03/2018)