K.Velusamy v. The Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.07.2025
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P.Crl.No. 405 of 2025 K.Velusamy ... Petitioner Vs.
1.
The Commissioner, Hindu Religious and Charitable Endowment Department, No.149, Utharmar Gandhi Road, Nungambakkam, Chennai - 600 034.
2.
The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Jawan Bhavan, 2nd Floor, Ghandhi Road, Erode District - 638 002.
3.
The Fit Person, A/M.Iyundhu Sadayappan, Azhagu Naachiyamman Thirukoil, Mylambadi Village, (In charge of A/M.Chelleswar Thirukoil), Anthiyur, Erode District - 638 501.
4.
Mr.Kasilingam 5.
The Inspector of Police, Bhavani, Erode District.
... Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India, praying to issuance of Writ of Mandamus, to direct the 5th respondent to 1/6
consider the representation dated 06.06.2025 and 30.06.2025 respectively and further to provide protection to the petitioner to enter into the temple, and render his service as poojari by getting key from the illegal possession from the 4th respondent herein. For Petitioner : Ms.V.S.Usharani For Respondents : Mr.K.Karthikeyan Government Advocate (HR&CE) for R1 to R3 Dr.C.E.Pratap Government Advocate (Crl.Side) for R5
O R D E R
The Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct the 5th respondent to consider the representations dated 06.06.2025 and 30.06.2025 respectively and provide protection to the petitioner to enter into the temple, and render his service as 'poojari' by getting keys from the illegal possession of the 4th respondent herein.
2. Heard the learned counsel for the petitioner and the learned Government Advocate (HR & CE) appearing for respondents 1 to 3 and the learned Government Advocate (Crl.Side) appearing for 5th respondent and perused the materials available on record. 2/6
3. Since no adverse order is being passed against 4th respondent, notice to 4th respondent is hereby dispensed with.
4. According to the petitioner, the third respondent, by order dated 05.03.2025 appointed the petitioner herein as a Poojari of 'Vana Temple'' for performing poojas. The said appointment is done after conducting due enquiry after providing opportunity to all the interested parties in compliance of the directions of this Court dated 29.10.2024 in W.P.No.32377 of 2024. While so, the petitioner has made representations dated 06.06.2025 and 30.06.2025 respectively to the fifth respondent-Police to provide Police protection to the petitioner to enter into the temple, and render his service as poojari by getting keys from the 4th respondent herein, but the same has not been considered till date, the present petition is filed.
5. It is seen from the records that the third respondent by order dated 05.03.2025 appointed the petitioner as a poojari of the said Temple and the same was officially intimated to the fourth respondent vide communication dated 09.03.2025.
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6. In view of the above, this Writ Court cannot conduct roving enquiry regarding the rights of the parties and it is for the petitioner to workout his remedy before the appropriate forum in the manner known to law. Therefore, this Writ Petition is disposed of accordingly. There shall be no order as to costs.
25.07.2025 Index : Yes/No Speaking Order : Yes/No ms 4/6
To 1.
The Commissioner, Hindu Religious and Charitable Endowment Department, No.149, Utharmar Gandhi Road, Nungambakkam, Chennai - 600 034.
2.
The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Jawan Bhavan, 2nd Floor, Ghandhi Road, Erode District - 638 002.
3.
The Fit Person, A/M.Iyundhu Sadayappan, Azhagu Naachiyamman Thirukoil, Mylambadi Village, (In charge of A/M.Chelleswar Thirukoil), Anthiyur, Erode District - 638 501.
4.
The Inspector of Police, Bhavani, Erode District.
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P.VELMURUGAN, J ms 25.07.2025 6/6