Ravi v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.10.2023
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU Ravi ... Petitioner -vs1. The Commissioner Hindu Religious and Charitable Endowments Department No.119, Uthamar Gandhi Salai Nungambakkam, Chennai - 600 034.
2. The Joint Commissioner Hindu Religious and Charitable Endowments Department No.1, Perundurai Road Erode.
3. The Executive Officer Arulmigu Atthanoor Amman Thirukoil Sitthalandur, Tiruchengode Taluk Namakkal District.
... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Respondents to permit the Petitioner and other poojaries to perform the poojas to the Temple, namely Arulmigu Atthanoor Ammal Thirukoil, Sitthalandur Tiruchengode Taluk, Namakkal District by considering the Petitioner's petition dated 08.01.2018 and representations dated 31.03.2023 and 02.08.2023 within the time frame fixed by the Court.
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For Petitioner : Mr. S.Sivakumar For Respondents : Mr. K.Karthikeyan, GA
O R D E R
Heard Mr. S.Sivakumar, Learned Counsel for the Petitioner and Mr. K.Karthikeyan, Learned Government Advocate appearing 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 that he is a Poosari of Arulmigu Atthanoor Ammal Thirukoil in Sitthalandur Tiruchengode Taluk of Namakkal District and that he had been restrained from conducting Poojas in the said Temple. In that backdrop, the Petitioner claims to have made representation dated 08.01.2018 followed by reminders dated 31.03.2023 and 02.08.2023, but as it did not evoke any response, he has filed this Writ Petition. 3.
Having regard to the limited scope of the relief sought in the Writ Petition, this Court without expressing any view on the merits of controversy involved, passes the following order:- 2/5
(i) the concerned authority shall immediately examine the representations dated 08.01.2018, 31.03.2023 and 02.08.2023 made by the Petitioner including ascertaining as to whether he would be entitled for the relief claimed;
(ii) if it is found that any other details or supporting documents is necessary, the deficiencies in that regard shall be informed in writing to the Petitioner requiring the same to be furnished within a time frame of not less than 10 days for the same;
(iii) in the event of not being satisfied with the requirements even thereafter, an enquiry shall be conducted affording full opportunity of personal hearing to the Petitioner and all other persons concerned to explain their position in that regard; and (iv) a reasoned order shall be passed dealing with each of the contentions raised on merits and in accordance with law and the decision taken communicated under written acknowledgment.
(v) the report of such compliance shall be filed by 31.12.2023 before the Registrar (Judicial) of this Court.
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In the result, the Writ Petition is disposed on the aforesaid terms. No costs.
19.10.2023 Maya NCS : Yes/No Index: Yes/No Note: Issue order copy by 02.11.2023.
To
1. The Commissioner Hindu Religious and Charitable Endowments Department No.119, Uthamar Gandhi Salai Nungambakkam, Chennai - 600 034.
2. The Joint Commissioner Hindu Religious and Charitable Endowments Department No.1, Perundurai Road Erode.
3. The Executive Officer Arulmigu Atthanoor Amman Thirukoil Sitthalandur, Tiruchengode Taluk Namakkal District.
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P.D. AUDIKESAVALU, J.
Maya Dated : 19.10.2023 5/5