T.A.Sethupathi Ramalingam, v. The Joint Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.04.2024
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN T.A. Sethupathi Ramalingam
...Petitioner
Vs 1.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Government of Tamil Nadu, ERode
2. The Assistant Commissioner/Executive Officer, Arulmigu Arthanareeswarar Swamy Thirukkovil, Thiruchengodu Town, Namakkal District.
3. The Fit person/ Executive Officer, Arulmigu Periya Oonakzhiamman thirukovil, Arulmigu Nalla Kumarasamy Thirukovil, Koothampoondi, Thiruchengode.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the second respondent to consider petitioner's representation dated 19.03.2024 and pass orders. For Petitioner : Mr.V. Srikanth For Respondents : Mr.K. Karthikeyan, Government Advocate 1/5
ORDER
The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the second respondent to consider the petitioner's representation dated 19.03.2024.
2. The case of the petitioner is that the petitioner's predecessors are the trustees of the Temple by name Periya Om Kaliamman Temple situated in Arulmigu Periya Om Kaliamman Thirukkovil, Namakkal. It is the case of the petitioner is that the first respondent by order dated 26.05.2015 granted permission to the petitioner to conduct festival subject to certain conditions. The grievance of the petitioner is that the respondents 2 and 3 have been reluctant to recognize the petitioner's family as Katalaidarars. Despite the fact that, the petitioner's family have been conducting the festival from time memorial. The further case of the petitioner is that in the said Temple Vaikasi Visakam will be conducted every year in the month of Vaikasi and this year the festival falls on 19.05.2024. Hence the petitioner made a representation to the second respondent on 19.03.2024. However, there was no response till date. Hence, this writ petition. 2/5
3.The learned counsel for the petitioner submitted that it would be suffice, if this Court issues a direction to the second respondent to consider the petitioner's representation dated 19.03.2024 and to pass orders.
4.The learned Government Advocate appearing for the respondents submitted that they will consider the case of the petitioner and take action in the manner known to law.
5. Considering the facts and circumstances of the case and the limited relief sought for by the petitioner, this Court, without expressing any opinion on the merits of the case, directs the second respondent to consider the petitioner's representation dated 19.03.2024 and pass orders on merits and in accordance with law as expeditiously as possible ( i.e) before commencing the festival.
3/5
6. With the aforesaid direction, this Writ Petition stands disposed of. No costs.
29.04.2024 Index:Yes/No Speaking order/Non-speaking order smn To 1.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Government of Tamil Nadu, ERode
2. The Assistant Commissioner/Executive Officer, Arulmigy Arthanareeswarar Swamy Thirukkovil, Thiruchengodu Town, Namakkal District.
3. The Fit person/ Executive Officer, Arulmigu Periya Oonakzhiamman thirukovil, Arulmigu Nalla Kumarasamy Thirukovil,Koothampoondi, Thiruchengode. 4/5
V.BHAVANI SUBBAROYAN,J.
smn 29.04.2024 5/5