S.K.Velmurugan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2025

CORAM

THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH S.K.Velmurugan .. Petitioner Vs.

1.The Commissioner Having office at 119, Mahatma Gandhi Road Nungambakkam, Chennai Tamil Nadu 600 034 2.The Joint Commissioner Commercial Tax Building Dr.Balasundaram Salai Coimbatore 641 018 (R2 deleted by Court vide order dt.23.06.2025) 3.The Assistant Commissioner nd Floor, Munnaal Padaiveerargal Maligai Gandhiji Road, Erode (Address of R3 replaced by Court vide order dt.23.06.2025) 1/6

4.The Executive Officer Bhavani Eswaran Temple, Sathyamangalam Taluk Erode 5.O.M.Subramaniam .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents 1 to 4 to take appropriate action to stop the illegal construction in the temple and to retrieve the original structure of the temple to facilitate the performance of the Thiruther ritual during the new moon day (amavasya) of every month.

For Petitioner : Mr.T.V.Suresh Kumar for M/s.TSK Legal For RR1 to 4 : Mr.K.Karthikeyan Government Advocate

O R D E R

This writ petition has been filed for the issue of a writ of mandamus directing the respondents 1 to 4 to act on the representation made by the petitioner on 16.06.2025, wherein the petitioner has complained that the 5 th respondent is constructing a wall in the property belonging to the temple. 2/6

2. The Joint Commissioner who does not have jurisdiction has been added as nd respondent and hence, the 2 nd respondent is deleted from the array of parties. Instead of the present 3 rd respondent, The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, 2 nd Floor, Munnaal Padaiveerargal Maligai, Gandhiji Road, Erode, is replaced as 3 rd respondent.

3 . Heard the learned counsel for the petitioner and the learned Government Advocate, appearing on behalf of the respondents 1 to 4 and perused the materials placed on record.

4. The case of the petitioner is that he is the hereditary priest of Arulmigu Maasana Badhrakali Amman Temple. The grievance of the petitioner is that the th respondent is attempting to construct a four foot wall inside the temple and thereby, preventing the Thiruther ritual from being conducted during every amavasya day. Immediately, a representation dated 16.16.2025 was sent to the 3/6

respondents 1 to 4. Since the same did not evoke any response, the present writ petition has been filed.

5. Taking into consideration the facts and circumstances of the case and considering the fact that the temple is presently under the administration and control of the Hindu Religious and Charitable Endowments Department, there shall be a direction to the 3 rd respondent to deal with the representation made by the petitioner on 16.06.2025 and take immediate action to ensure that no construction is put up in the property belonging to the temple. This writ petition is disposed of with the above direction. No costs. 23.06.2025 Index : Yes/No gya Issue order copy by 24.06.2025 4/6

To 1.The Commissioner Having office at 119, Mahatma Gandhi Road Nungambakkam, Chennai Tamil Nadu 600 034 2.The Assistant Commissioner nd Floor, Munnaal Padaiveerargal Maligai, Gandhiji Road Erode 3.The Executive Officer Bhavani Eswaran Temple Sathyamangalam Taluk Erode 5/6

N. ANA ND VENKATESH , J.

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