Annamalai v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.07.2023
CORAM
THE HONOURABLE MR.JUSTICE S.SOUNTHAR Annamalai ... Petitioner vs.
1.The Commissioner, Hindu Religious and Charitable Endowment Department, Uthamar Gandhi Salai, Nungambakkam, Chennai 600 034.
2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Villupuram District - 605 602.
3.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Villupuram District - 605 602.
4.The Executive Officer, Arulmighu Angalaparameswari Amman Temple, Melmalayanur & Post, Villupuram District - 604 204.
5.Santhanam Poosali ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st to 4th respondents to hand over charge of Arulmighu Angalaparameswari Amman Thirukoil at 1/4
Melmalayanur Taluk, Villupuram District to the Petitioner as the chief priest and the senior most person of the 1st branch (Kothu) on 01.07.2023. For Petitioner : Mr.S.M.Muralidharan for Mr.Paramasivam For R1 to R4 : Mr.K.Karthikeyan Government Advocate (HR and CE) For R5 : M/s.S.Sithirai Anandam
O R D E R
The writ petition is filed by the petitioner seeking a Writ of Mandamus, directing the respondents 1 to 4 to handover charge of Arulmighu Angalaparameswari Amman Thirukoil at Melmalayanur Taluk, Villupuram District to the petitioner in his capacity as Chief Priest and the senior most person of the 1st Branch (Kothu) 01.07.2023.
2. When the matter is taken up for hearing, the learned Government Advocate appearing for the respondents 1 to 4 by taking this Court to the averments found in the counter affidavit filed by the 4th respondent, submitted that trusteeship of the temple was handed over to 1st branch on 01.07.2023 and on behalf of the 1st branch one R.Gengadharan Poosai was given charge.
3. The learned counsel appearing for the petitioner submitted that the 2/4
petitioner is not insisting on handing over of the charge of trusteeship, he is only insisting on handing over of charge of priestship in the temple.
4. As far as rotation of the priestship is concerned, there is nothing in the scheme. The scheme settled by the 2nd respondent only talks about rotation of the trusteeship every year among seven branches involved in the management of the temple. As far as trusteeship is concerned, it has been already handed over to 1st branch on 01.07.2023. The said R.Gengadharan Poosai said to have represented 1st branch even during earlier occasion.
5. In these circumstances, the prayer sought for by the petitioner cannot be granted by the Writ Court. It is open to the petitioner to workout his remedy regarding priestship in the manner known to law.
6. With these observations, the writ petition is dismissed. No costs. 27.07.2023 Index : Yes/No Speaking order:Yes/No dm 3/4
S.SOUNTHAR, J.
dm To 1.The Commissioner, Hindu Religious and Charitable Endowment Department, Uthamar Gandhi Salai, Nungambakkam, Chennai 600 034.
2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Villupuram District - 605 602.
3.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Villupuram District - 605 602.
4.The Executive Officer, Arulmighu Angalaparameswari Amman Temple, Melmalayanur & Post, Villupuram District - 604 204.
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