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Madras High CourtWP/16041/2018dismissed

S.Thiyagarajan v. The District Collector And

2020-03-09Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.03.2020

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.16041 of 2018 and W.M.P.No.19061 of 2018 S.Thiyagarajan

...Petitioner

vs.

1.The District Collector and Special Officer Sri Dharbaraneswar Swami Devasthanam Thirunallar - 609 607 Karaikal District Puducherry State.

2.The Executive Officer Sri Dharbaraneswar Swami Devasthanam Thirunallar - 609 607 Karaikal District Puducherry State.

3.The Superintendent Sri Dharbaraneswar Swami Devasthanam Thirunallar - 609 607 Karaikal District Puducherry State.

4.Syrab Sri Dharbaraneswar Swami Devasthanam Thirunallar - 609 607 Karaikal District Puducherry State.

...Respondents

Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to take action on the petitioner's representation dated 11.05.2018 made for conducting Kumbhabhishekam for the Temples namely, Sri Ayyannar, Sri Pidari Amman and Sri Mariamman, situated in the Tirunallar Village, Karaikkal

District, Puducherry State by the Karavazhis and Sthanigars within a time frame.

For Petitioner :

Mr.R.Kamaraj For Respondents :

Ms.N.Mala Additional Government Pleader(P) for R1 to R3

O R D E R

This writ petition is filed seeking for mandamus directing the respondents to take action on the petitioner's representation dated 11.05.2018, wherein and whereby, he sought for conducting Kumbhabhishekam in the Temples namely, Sri Ayyannar, Sri Pidari Amman and Sri Mariamman, situated in the Tirunallar Village, Karaikkal District, Puducherry State by the Karavazhis and Sthanigars.

2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents 1 to 3.

3. Perusal of the said representation would show that the petitioner seeks to establish certain rights on the persons called Karavazhis and Sthanigars over the subject matter Temple in conducting Kumbhabhishekam. According to the petitioner, such Kumbhabhishekam has to be conducted only by those persons having such rights and not by the Temple Administration or the State Administration having control over the Temple.

4. I do not think that the petitioner is entitled to seek such relief by way of making representation before the authorities. If at all the petitioner has any right, as claimed by him, it is for him to work out such right before the competent Civil Court by filing appropriate suit. Without doing so, making representation and seeking for its disposal, is not proper course of action. Accordingly, this Writ Petition is dismissed as not maintainable, without expressing any view on the merits of the claim made by the respective parties. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mk

To 1.The District Collector Special Officer, Sri Dharbareswar Swami Devasthanam, Thirunallur - 609607, Karikal District, Puducherry State.

2.The Executive Officer, Sri Dharbareswar Swami Devasthanam, Thirunallur - 609607, Karikal District, Puducherry State.

3.TheSuperintendent, Sri Dharbareswar Swami Devasthanam, Thirunallur - 609607, Karikal District, Puducherry State.

+1 cc to Mr.R.Kamaraj, Advocate, S.R.No.21461 +1 cc to the Government Pleader, S.R.No.20361 W.P.No.16041 of 2018 SSP(CO) RN(19/05/2020)