N.Sivalingam v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.10.2022

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU N.Sivalingam ... Petitioner -vs1. The Commissioner Hindu Religious and Charitable Endowments Department 119, Uthamar Gandhi Road Chennai - 600 034.

2. The Executive Officer Arulmigu Muniyappa Swamy Temple Piliyanur Agraharam Village & Post Nallampalli Taluk Dharmapuri District.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Second Respondent to consider the representation of the Petitioner dated 17.01.2022 and protect the Petitioner's right in working as Poosari in Arulmigu Muniyappa Swamy Temple, Piliyanur Agraharam Village and Post, Nallampalli Taluk, Dharmapuri District.

For Petitioner : Mr. T.Sathiyamoorthy For Respondents : Mr. N.R.R.Arun Natarajan Special Government Pleader 1/4

O R D E R

Heard Mr. T.Sathiyamoorthy, Learned Counsel for the Petitioner and Mr. N.R.R.Arun Natarajan, Learned Special Government Pleader who takes notice for the Respondents and perused the materials placed on record, apart from the pleadings of the parties.

2.

It is the case of the Petitioner, who claims to be working as Poosari in the Temple of the Second Respondent, that his relatives have been interfering with the performance of his duties and he had made a representation dated 17.01.2022 to the Second Respondent for protecting his right to work as Poosari in the said Temple. In that backdrop, the Writ Petition has been filed to direct the Second Respondent to consider the said representation made by him. 3.

Learned Special Government Pleader appearing for the Respondents submits that the having regard to the nature of relief sought in the said representation, it is evident that it is a personal dispute that the Petitioner has with his relatives, and it is only when any act is committed by the said relatives of the Petitioner that affects the Temple that the Second Respondent could interfere in the matter.

2/4

4.

In such circumstances, it is not possible to grant the relief as sought by the Petitioner in the Writ Petition, but it would not preclude the Second Respondent from taking necessary action against the concerned persons if their conduct affects the Temple of the Second Respondent in any manner. It is also made clear that the Petitioner may pursue his remedies against the concerned persons for necessary relief before the proper forum in the manner recognized by law.

In fine, the Writ Petition is disposed with the aforesaid observations. No costs.

13.10.2022 Maya Index: Yes/No Note: Issue order copy by 02.11.2022.

To

1. The Commissioner Hindu Religious and Charitable Endowments Department 119, Uthamar Gandhi Road Chennai - 600 034.

2. The Executive Officer Arulmigu Muniyappa Swamy Temple Piliyanur Agraharam Village & Post Nallampalli Taluk Dharmapuri District.

3/4

P.D. AUDIKESAVALU, J.

Maya 13.10.2022 4/4