K.Kumar v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 17.05.2019
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.No.14468 of 2019 and W.M.P.No.14508 of 2019 K.Kumar
...Petitioner
Versus
1. The Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam, Chennai - 600 034.
2. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Ellis Nagar, Madurai - 96.
3. Kumaresan
4. Kurinjikumaran
5. Vellaiyan
6. Mandhakalai
7. Alagusundaram
8. P.Mandhaiyan
9. V.Periyampillai 10.M.Perumal 11.V.Perumal 12.K.Karuppiah
...Respondents
PRAYER:Petition filed under Article 226 of the Constitution of India, praying to issue of a Mandamus, directing the 1st respondent to consider the petitioner representation dated 06.05.2019.
For Petitioner :: Mr.J.Sudhakaran For R2 :: Mr.Maharaja, Special Government Pleader.
ORDER
The writ petition had been filed seeking a direction in the nature of Writ of Mandamus, directing the 1st respondent to consider the petitioner's representation dated 06.05.2019.
2. The scope of the writ petition is very narrow. The petitioner claims that he had been appointed as Ambalakarar. He further claims that he belongs to Vellalur Nadu, which comprises of 63 Villages situate in Madurai as well as Sivagangai District. This Vellalur Nadu is comprising of individuals from certain defined families of Kallar Community of these 63 Villages for the purpose of regulating the functioning of the Temples for the deities Ellaikaatha Amman, Manthai Karuppannan and Valladiyar swamy. This Vellalar Nadu is divided into 11 Karais. These 11 Karais are broadly divided into three divisions known as, (i) Aaru Peru Makkal (ii) Nangu Peru Makkal (iii) Moondru Peru Makkal Each Karai would select two persons as its Ambalakarars. The total 22 Ambalakarars would select a Chief Ambalakarar.
3. It is stated that he had filed a civil suit, however, O.S.No.143 of 2018 on the file of District Munsif, Melur, was dismissed directing the petitioner to approach the Hindu Religious and Charitable Endowments Department for the appropriate relief.
4.The petitioner had given a representation on 06.05.2019 to the second respondent namely, the Joint Commissioner, Hindu Religious and Charitable Endowments Department, Madurai, to declare that he was elected as Selupuli Ambalakarar for the purpose for regulating the functioning of the temples of the deities Ellaikaatha Amman, Manthai Karuppannan and Valladiyar Swamy at Melur, Madurai District and injunction restraining the persons mentioned therein from interfering with my administration as Ambalakarar for the same.
5.The grievance of the petitioner is that the representation had not been disposed of. Accordingly, a direction is given to the second respondent to dispose of the representation by giving personal hearing to the petitioner and also to the rival claimants who are shown as respondents 3 to 12 by issuing notice to them and then take a decision on the said representation of the petitioner. The entire exercise must be completed on or before 31.07.2019.
6. Accordingly, the writ petition is disposed of. No costs. Consequently, connected writ miscellaneous petition is also closed.
Sd/- Vacation Officer //True Copy// Sub Assistant Registrar smv/dua To
1. The Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam, Chennai - 600 034.
2. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Ellis Nagar, Madurai - 96.
+1 cc to Mr.J.Sudhakaran, Advocate, S.R.No.44042 +1 cc to the Spl. Government Pleader(HR & CE), S.R.No.44060 W.P.No.14468 of 2019 and W.M.P.No.14508 of 2019 RJI(CO) SSM(23/05/2019).