K.Subban @ Subramani, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :10.02.2016
CORAM
THE HONOURABLE Mr. JUSTICE R.SUBBIAH WP.No.4743 of 2016 and W.M.P.No.4115 of 2016
1. K.Subban @ Subramani
2. Dr.A.Thangaraj, M.D ... Petitioners Vs
1. The District Collector, Namakkal District, Namakkal
2. The Tahsildhar, Rasipuram Taluk, Namakkal District
3. The Commissioner, Hindu Religious and Charitable Endowments, Nungambakkam, Chennai 600 034
4. The Superintendent of Police, Namakkal District, Namakkal
5. The Inspector of Police, Rasipuam Police Station, Rasipuram
6. Selvaraj ... Respondents Writ petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus, directing the Respondents 1 to 5 to take necessary action to conduct regular festivals of the temple of Sri Mariamman Temple, Athipalaganur Village, Rasipuram Taluk, Namakkal District, particularly by the community of Devendra Kula Vellalar as has been conducted by the petitioners and by the petitioners' forefathers all along on the basis of the petitioners' representation dated 28.12.2015. For Petitioner :Mr.R.Thanjan For Respondents:Mr.P.Sanjay Gandhi, Additional Government Pleader
O R D E R
The Writ Petition has been filed seeking a Writ of mandamus to direct the Respondents 1 to 5 to take necessary action to conduct regular festivals of the temple of Sri Mariamman Temple, Athipalaganur Village, Rasipuram Taluk, Namakkal District, particularly by the community of Devendra Kula Vellalar. 2.
Though the petitioner raised many grounds in the affidavit filed in support of this writ petition, the learned Counsel for the petitioner, during the course of argument, submitted that it would be suffice, if a direction is issued to the respondents to consider the representation dated 28.12.2015 submitted by the petitioner with regard to conduct of regular festival of Sri Mariamman Temple, within the stipulated time. 3.
The learned Additional Government Pleader has no serious objection in granting such relief to the petitioners. 4.
In view of the submissions made on either side, I am of the opinion, it is not necessary for this Court to deal with the entire factual aspects made in the affidavit. Hence, this Court, without going into the merits of the claim of the petitioner, is constrained to pass the following order:- i.
The petitioner is directed to give a fresh representation along with a copy of this order, within a period of two weeks from the date of receipt of a copy of this order and ii. On receipt of such representation, the first respondent is directed to consider the same by affording an opportunity of personal hearing to all the parties and pass appropriate orders on merits and in accordance with law, within a period of six weeks thereafter.
5. The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar srn
To
1. The District Collector, Namakkal District, Namakkal
2. The Tahsildhar, Rasipuram Taluk, Namakkal District
3. The Commissioner, Hindu Religious and Charitable Endowments, Nungambakkam, Chennai 600 034
4. The Superintendent of Police, Namakkal District, Namakkal
5. The Inspector of Police, Rasipuam Police Station, Rasipuram + 1 cc to Mr.R. Thanjan, Advocate Sr.9241 + 1 cc to Mr.Government Pleader Sr.8857 WP.No.4743 of 2016 and W.M.P.No.4115 of 2016 CTK(CO) Eu 25.02.16