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Madras High CourtWP/15453/2025disposed of

Thirupathigounder v. The Commissioner

2025-04-29Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY THIRUPATHI GOUNDER ... Petitioner Vs 1.

THE COMMISSIONER, NUNGAMBAKKAM, CHENNAI.

2.

THE JOINT COMMISSIONER, THIRUVANNAMALAI DISTRICT.

3.

THE ASSISTANT COMMISSIONER, KRISHNAGIRI DISTRICT.

4.

THE EXECUTIVE OFFICER, MARIAMMAN TEMPLE, AVATHANAPATTI VILLAGE, KRISHNAGIRI DISTRICT.

5.

GOVINDARAJ 6.

CHINNA GOVINDRAJ ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the first to fourth respondent herein to consider the petitioner's representation dated 22.01.2025 and consequently may be declare the petitioner as Dharamakartha of Mariamman temple at 1/5

Avadhanapatti, Krishnagiri District.

For Petitioner : Mr.R.Ramesh For R1 to R4 : Mr.S.Ravichandran Additional Government Pleader

ORDER

This writ petition is filed seeking a direction to the first to fourth respondents to consider the petitioner's representation dated 22.01.2025 and consequently declare the petitioner as Dharmakartha of Arulmighu Mariamman Temple at Avadhanapatti, Krishnagiri District.

2. When the matter came up for hearing, Mr.S.Ravichandran, the learned Additional Government Pleader appearing for the respondents 1 to 4, based on a written communication dated 28.04.2025 submitted that there has been an amicable settlement of issues. On 04.03.2025, with the consent of the Trust Board headed by the hereditary trustee, namely the petitioner Thirupathi, the Poojari was appointed and the manner of performing poojas was also agreed upon.

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3. By the said written instruction itself, the petitioner, Thirupathi, is accepted as the hereditary trustee of the temple. In view thereof, the petitioner's prayer for a declaration is no longer required. However, the representation of the petitioner dated 22.01.2025 shall be considered by the second respondent. If a specific order recognizing Thirupathi as the hereditary trustee is required, the same shall be passed. An opportunity of hearing shall also be given to the petitioner before passing the order. In any event, reasons shall be recorded for the decision that is taken. The said exercise shall be completed within a period of eight weeks from the date of receipt of the web copy of the order.

4. In view thereof, this writ petition is disposed of. No costs. 29.04.2025 nsl To 1.

THE COMMISSIONER, NUNGAMBAKKAM, CHENNAI.

2.

THE JOINT COMMISSIONER, THIRUVANNAMALAI DISTRICT.

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3.

THE ASSISTANT COMMISSIONER, KRISHNAGIRI DISTRICT.

4.

THE EXECUTIVE OFFICER, MARIAMMAN TEMPLE, AVATHANAPATTI VILLAGE, KRISHNAGIRI DISTRICT.

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D.BHARATHA CHAKRAVARTHY, J.

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