Kongu Vellala Nattu Goundergalkuttamipu v. The Executive Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.03.2024

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU Kongu Vellala Nattu Goundergal Kuttaimpu, Represented by its Managing Trustee, S.Chandrasekar, No. 4/154-H, Pannai Amman Complex, Muthukallipatti Post, Rasipuram Taluk, Namakkal District - 637 401.

... Petitioner -vsThe Executive Officer, Arulmigu Athanur Amman Temple, Athanur, Rasipuram Taluk, Namakkal District.

... Respondent Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Respondent to consider the representations of the Petitioner dated 10.01.2024 and 19.02.2024 and consequently take the necessary steps to organize and hold the Temple festival for the "Arulmigu Athanur Amman Temple" at Athanurayeepalam Village, Rasipuram Taluk, Namakkal District on the day of "Revathi Nachathira" falling on 08.04.2024.

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For Petitioner :

Mr. T.Gowthaman, Senior Counsel for Ms. S.Karpagapriya For Respondent :

Mr. N.R.R.Arun Natarajan, Special Government Pleader

O R D E R

Heard Mr. T.Gowthaman, Learned Senior Counsel appearing for the Petitioner and Mr. N.R.R.Arun Natarajan, Learned Special Government Pleader, who takes notice for the Respondent, and perused the materials placed on record, apart from the pleadings of the parties. 2.

The grievance ventilated by the Petitioner is that it had made representations dated 10.01.2024 and 19.02.2024 to permit the conduct of yearly festival for Arulmigu Athanur Amman Temple, Athanur, Rasipuram Taluk, Namakkal District, but as it did not evoke any response, it has necessitated the filing of this Writ Petition. 2/5

3.

Having regard to the limited nature of relief sought, this Court without expressing any view on the merits of the controversy involved, passes the following order:- (i) the concerned authority shall immediately examine the representations dated 10.01.2024 and 19.02.2024 made by the Petitioner including ascertaining as to whether the Petitioner would be entitled for the relief claimed;

(ii) if it is found that any other details or supporting documents is necessary, the deficiencies in that regard shall be informed in writing to the Petitioner requiring the same to be furnished within a time frame of not less than 10 working days for the same;

(iii) in the event of not being satisfied with the requirements even thereafter, an enquiry shall be conducted affording full opportunity of personal hearing to the Petitioner and all other persons concerned to explain their position in that regard;

(iv) a reasoned order shall be passed dealing with each of the contentions raised on merits and in accordance with law and the decision taken communicated under written acknowledgment; and (v) the report of such compliance shall be filed by 30.06.2024 before the Registrar (Judicial) of the Court.

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In the result, the Writ Petition is disposed on the aforesaid terms. No costs.

27.03.2024 Index: Yes/No NCC: Yes/No Note: Issue order copy by 03.04.2024.

vjt To The Executive Officer, Arulmigu Athanur Amman Temple, Athanur, Rasipuram Taluk, Namakkal District.

Copy to The Registrar (Judicial), Madras High Court, Chennai - 600 104.

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P.D. AUDIKESAVALU, J.

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