Pannerselvam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :30.08.2023

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.25519 of 2023 and W.M.P.No.24910 of 2023 Mr.Pannerselvam

...Petitioner

Vs.

1.The District Collector, O/o District Collectorate, Tiruppur District, 2.Joint Commissioner 3.The Secretary Arulmigu Mariamman Thirukovil, Karuvalur, Tiruppur District, 4.The Tahsildar Tiruppur District, 1/6

5.Assistant Commissioner 6.The President Karuvalur Panchayat, Avinashi Panchayat Union, Tiruppur District.

7. Mr.V.Ponnusamy 8.Mr.A.N.Manickam ..Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, forbearing the 7th and 8th respondents and their community people from interfering administration of the temple namely Arulmigu Mariamman Thirukovil declared as Sub Temple of Arulmigu Gangatheesvarar Karunagara Venkataramanaswamy thirukovil situated at Karuvalir, Avinashi Taluk, Tiruppur District, in view of the representation dated 20.02.2023 and 15.05.2023 made by the petitioner. For Petitioner : P.Tamilavel For Respondents 1 to 4 : Mr.P.Anandha Kumar Government Advocate For respondents 2, 3&5 : Mr.K.Karthikeyan Government Advocate For respondent 6 : Mr.Stalin Abimanyu Additional Government Pleader 2/6

O R D E R

The petitioner herein seeks issuance of a writ of mandamus forbearing the respondents 7 and 8 and their community people from interfering with the administration of the temple namely Arulmigu Gangatheesvarar Karunagara Venkataramanaswamy Thirukovil situated at Karuvalir, Avinashi Taluk, Tiruppur District, by considering the representation of the petitioner dated 20.02.2023 and 15.04.2023.

2. It is the case of the petitioner that above said temple is administered under the control of HR & CE Department and it is a public temple. All the members of the public are entitled to worship the deities installed thereunder. The Petitioner apprehends that there is a proposal to handover the administration of the temple to some private individuals. Therefore, he submitted a representation to 1st respondent on 15.05.2023 requesting him to keep the administration of the temple under the control of HR & CE Department. The main grievance of the petitioner appeared to be the representation submitted by the petitioner has not been considered by the official respondents till date.

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3. Mr.P.Anantha kumar takes notice for respondents 1 and 4. Mr. K.Karthikeyan, learned Government Advocate (HR &CE) takes notice for the respondents 2, 3 and 5. Mr. Stalin Abhimanyu, learned Additional Government Pleader takes notice for 6th respondent.

4. Though the petitioner prayed for a direction restraining the respondents 7 and 8 from interfering with the administration of the above said temple, this Court is not inclined to issue such direction. However, in view of the grievance expressed by the petitioner that the representation submitted by him has not been considered by the official respondents, this Court is inclined to issue a direction to the petitioner to submit a fresh representation to the 2nd respondent regarding his grievances within a period of two weeks from the date of receipt of copy of this order. If any such representation is submitted by the petitioner within a time stipulated, the 2nd respondent is directed to consider the same and pass final orders on merits and in accordance with law within a period of eight weeks thereafter.

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5. With the above directions, this writ petition is disposed of. Consequently, connected miscellaneous petition is closed. No costs. 30.08.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nr To 1.The District Collector, O/o District Collectorate, Tiruppur District, 2.Joint Commissioner 3.The Secretary Arulmigu Mariamman Thirukovil, Karuvalur, Tiruppur District, 5/6

S.SOUNTHAR , J.

nr 4.The Tahsildar Tiruppur District.

5.Assistant Commissioner 6.The President Karuvalur Panchayat, Avinashi Panchayat Union, Tiruppur District.

W.P No.25519 of 2023 and W.M.P.No.24910 of 2023 30.08.2023 6/6