K.P. Rajamanickam v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.No.13831 of 2025 1.
K.P. RAJAMANICKAM 2.
NALLAMUTHU ... Petitioners Vs 1.
THE DISTRICT COLLECTOR, SALEM DISTRCT, COLLECTORATE, SALEM.
2.
THE REVENUE DIVISIONAL OFFICER, SANKAGIRI TALUK, SALEM.
3.
THE TAHSILDAR, TIRUCHENGODE ROAD POLICE QUARTERS, SANKAGIRI, SALEM.
4.
ASSISTANT COMMISSIONER, H.R. & C.E. DEPARTMENT, (HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS) ARULMIGU KOTTAI MARIAMMAN TEMPLE CAMPUS, SALEM - 636 001.
5.
EXECUTIVE OFFICER, H.R & C.E. DEPARTMENT, (HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS), SANKAGIRI, SALEM.
6.
KASI @ MANI ... Respondents 1/6
Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the respondents herein more particularly the fourth and fifth respondents herein to take over the administration of Sri Ponnambalaswamy Temple and Muthu Muniappa Samy Temple situated in Pudur village, Sankagiri, Salem district within the time frame as may be stipulated by this Court.
For Petitioner : Mr.M.Santhanaraman For R1 to R3 : Mr.R.Murthi Government Advocate For R4 & R5 : Mr.K.Karthikeyan Government Advocate For R6 : Mr.N.Manoharan
ORDER
The prayer in the writ petition is to direct the fourth and fifth respondents to take over the administration of Sri Ponnambalaswamy Temple and Muthu Muniappa Samy Temple situated in Pudur village, Sankagiri, Salem district within the time frame as may be stipulated by this Court.
2. Upon hearing learned counsel appearing for the petitioner, Mr.R.Murthi, the learned Government Advocate appearing on behalf of the respondents 1 to 3, Mr.K.Karthikeyan, the learned Government Advocate 2/6
appearing on behalf of the respondents 4 and 5 and Mr. N.Manoharan, the learned counsel appearing on behalf of respondent 6, and perusing the affidavit filed in support of this writ petition, it can be seen that the petitioner prays for taking over the administration of the temple by the Hindu Religious and Charitable Endowments Department (HR & CE). However, so far, the proceedings produced along with the type set of papers in the writ petition as well as in the representation are all addressed to the respondents 1 to 3.
3. It is seen that the renovation of the temple and Kumbhabhishekham works are being carried out. Therefore, in that context, with particular reference to law and order situations, the jurisdiction of the Tahsildar and the District Collector arises.
4. However, with reference to the rights of administration of the temple, only the authorities constituted under the Hindu Religious and Charitable Endowments Act, 1959, are the appropriate authorities to decide the matter. If anyone wants to claim trusteeship or management of the temple, they should approach the jurisdictional Joint Commissioner under Section 63 of the Hindu Religious and Charitable Endowments Act. Even if there is any mismanagement, complaints have to be made to the fourth respondent, namely 3/6
the Assistant Commissioner, HR & CE Department. Therefore, the petitioner has to make a detailed representation if he has any grievances concerning the management or the conduct of the kumbhabhishekham. As and when such a representation is made, it is made clear that the fourth respondent will consider the same by issuing a notice to the petitioner as well as the sixth respondent and decide the issue in the manner known to law. The representation, if made within one week from the date of receipt of the web copy of the order, shall be dealt with and an order shall be passed within five weeks from the date of receipt of the representation.
5. In view thereof, this writ petition is disposed of. Consequently, connected miscellaneous petition is closed. No costs. 07.04.2025 1/2 nsl 4/6
To 1.
THE DISTRICT COLLECTOR, SALEM DISTRCT, COLLECTORATE, SALEM.
2.
THE REVENUE DIVISIONAL OFFICER, SANKAGIRI TALUK, SALEM.
3.
THE TAHSILDAR, TIRUCHENGODE ROAD POLICE QUARTERS, SANKAGIRI, SALEM.
4.
ASSISTANT COMMISSIONER, H.R. & C.E. DEPARTMENT, (HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS) ARULMIGU KOTTAI MARIAMMAN TEMPLE CAMPUS, SALEM - 636 001.
5.
EXECUTIVE OFFICER, H.R & C.E. DEPARTMENT, (HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS), SANKAGIRI, SALEM.
5/6
D.BHARATHA CHAKRAVARTHY, J.
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