S.Selvasekar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.08.2024 CORAM :

THE HONOURABLE MR. JUSTICE M.DHANDAPANI S.Selvasekar ... Petitioner Vs.

1.The District Collector, Office of the District Collectorate Office, Thiruvannamalai, 2.The Commissioner, Thiruvannamalai, 3.The Assistant Commissioner, Thiruvannamalai, 4.The Inspector, Vandavasi, ... Respondents Page No.1 of 6

Prayer : Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents to consider the representation dated 08.05.2024 made to the respondents 1 to 3 herein with regard to hand over the key of Sri Ponniamman Temple, Amudur Village, Vandavasi Taluk, Thiruvannamalai District for conducting festivals and other related function of Sri Ponniammanmedu Temple, Pursuant to the order passed by the 3rd respondent on 26.04.2023 in Ch.Mu.Na.Ka.No.1016/2023/A1.

For Petitioner : Ms.Saranya For Respondents : Mr.L.S.M.Hasan Fizal Additional Government Pleader [R1] Mr.K.Karthikeyan Government Advocate [R2 to R4] *****

ORDER

This Writ Petition has been filed by the petitioner seeking for a Writ of Mandamus, to direct to the respondents 1 to 3 to consider the representation dated 08.05.2024 made by the petitioner with regard to hand over the key of Sri Ponniamman Temple, Amudur Village, Vandavasi Taluk, Thiruvannamalai District for conducting festivals and other related function, pursuant to the order passed by the 3rd respondent on 26.04.2023 in Ch.Mu.Na.Ka.No.1016/2023/A1.

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2. Mr.L.S.M.Hasan Fizal, learned Additional Government Pleader, accepts notice on behalf of the 1st respondent and Mr.K.Karthikeyan, learned Government Advocate (HR & CE), accepts notice on behalf of the respondents 2 to 4. In view of the consent expressed by the learned counsel for the parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. The case of the petitioner is that, Sri Ponniamman Temple is very famous in Amudur Village and on 27.07.2023, he was appointed as non hereditary trustee of the said temple to look after the temple and its activities. However, one Balamurugan and Selaganesh took control over the temple activities illegally and unlawfully and making violation of Agama rules by conducting pooja ceremonies, without getting permission from the respondents 1 to 3. Hence, the petitioner, being the non hereditary trustee, sent a representation dated 08.05.2024 to the respondents, seeking to hand over the key of the disputed temple to him for conducting festivals and other related functions. Since the said representation was not considered by the Page No.3 of 6

respondents 1 to 3, the petitioner has come forward with the present writ petition.

4. Though very many grounds have been raised in this Writ Petition, learned counsel for the petitioner submitted that, it would suffice, if this Court issues a direction to the respondents to consider the petitioner's representation dated 08.05.2024 and pass appropriate orders on merits and in accordance with law, within a particular time frame to be fixed by this Court.

5. Learned Additional Government Pleader appearing for the 1st respondent and the learned Government Advocate appearing for the respondents 2 to 4 submitted that the petitioner's representation will be considered in the manner known to law as expeditiously as possible.

6. In view of the above submissions, this Court, without going into the merits of the case, directs 3rd respondent to consider the petitioner's representation dated 08.05.2024 and pass appropriate orders on merits and Page No.4 of 6

in accordance with law, after affording an opportunity of hearing to the petitioner as well as aggrieved persons, if any, within a period of four (4) weeks from the date of receipt of a copy of this order.

7. With the above direction, this Writ Petition is disposed of. No costs. 13.08.2024 Index :

Yes/No Speaking Order / Non-speaking order sp To 1.The District Collector, Office of the District Collectorate Office, Thiruvannamalai, 2.The Commissioner, Thiruvannamalai, 3.The Assistant Commissioner, Thiruvannamalai, Page No.5 of 6

M.DHANDAPANI,J.

sp 4.The Inspector, Vandavasi, 13.08.2024 Page No.6 of 6