K.P.Ramakrishnan v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY K.P.RAMAKRISHNAN ... Petitioner Vs 1.
THE SECRETARY TO GOVERNMENT, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENTS, FORT ST. GEORGE, CHENNAI-600 009.
2.
THE COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENTS, 119, UTHAMAR GANDHI SALAI, NUNGAMBAKKAM, CHENNAI- 600 034.
3.
THE JOINT COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENTS, B1 SALAI, ELLIS NAGAR, MADURAI- 625 016.
4.
THE JOINT COMMISSIONER/ EXECUTIVE OFFICER, ARULMIGU MEENAKSHI SUNDARESWHAR TEMPLE, MADURAI.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the respondents No.1 & 2 to allow the petitioner to participate during the 'Amman Puspha Pallaku Purapadu' of "Chithirai Thiruvizha Thirukalyanam" Festival at "Madurai Arulmigu 1/5
Meenakshi Sundareshwar Thirukoil" is to be scheduled on 08.05.2025 based on the gift of immovable property to an extent of 4 acres in the middle of the Madurai city to the "Madurai Arulmigu Meenakshi Sundareshwar Thirukoil" as per the Document No.696 of 1904 dated 10.07.1904 on the file of District Registrar, Madurai and the representations dated 19.06.2024, 30.03.2025 and 07.04.2025.
For Petitioner : Mr.D.Veerasekharan For R1 to R4 : Mr.K.Karthikeyan Government Advocate
ORDER
This writ petition is filed for a direction to respondents No. 1 and 2 to allow the petitioner to participate in the Amman Puspha Pallaku Purapadu of the Chithirai Thiruvizha Thirukalyanam Festival at Madurai Arulmigu Meenakshi Sundareshwar Thirukoil, which is scheduled for 08.05.2025, based on the gift of immovable property to an extent of 4 acres in the middle of Madurai city to the said temple.
2. The grievance of the petitioner is that while the petitioner's brother is recognised with respect to the said festival, the petitioner is not recognised. It can be seen that the petitioner is claiming a customary right. The petitioner has 2/5
to approach the Joint Commissioner under Section 63(e) of the HR & CE Act, 1959. As a matter of fact, the petitioner has already filed Writ Petition No. 10290 of 2024 with reference to the festival conducted last year. This Court, considering the same, has already directed the petitioner to approach the Joint Commissioner and directed the Joint Commissioner to pass orders as expeditiously as possible. The Paragraph No. 5 of the said order is extracted hereunder:- "5. In view of the above circumstances, it is open for the petitioner to approach the 3rd respondent/Joint Commissioner by filing appropriate application under Section 63(E) of the HR & CE Act. If any application is filed by the petitioner, the same shall be considered and pass order on merits and in accordance with as expeditiously as possible."
3. Pursuant thereto, it is stated by the petitioner that he has approached the Joint Commissioner by his representation dated 19.06.2024 and that no orders have been passed till date. If that be so, the remedy open to the petitioner is to approach the Court by way of appropriate proceedings for noncompliance with the said order dated 16.04.2025, and one more writ petition for the same relief cannot be entertained by this Court.
4. Keeping open the liberty of the petitioner to bring it to the notice of 3/5
this Court by way of appropriate proceedings, this writ petition stands disposed of. No costs.
23.04.2025 nsl To 1.
THE SECRETARY TO GOVERNMENT, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENTS, FORT ST. GEORGE, CHENNAI-600 009.
2.
THE COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENTS, 119, UTHAMAR GANDHI SALAI, NUNGAMBAKKAM, CHENNAI- 600 034.
3.
THE JOINT COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENTS, B1 SALAI, ELLIS NAGAR, MADURAI- 625 016.
4.
THE JOINT COMMISSIONER/ EXECUTIVE OFFICER, ARULMIGU MEENAKSHI SUNDARESWHAR TEMPLE, MADURAI.
D.BHARATHA CHAKRAVARTHY, J.
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