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Madras High CourtWP/848/2025disposed of

Kadanthapatti Arulmighu Angala Amman Arakkatalai v. The Government Of Tamilnadu

2025-01-20Honourable Mr Justice S. Sounthar7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 20.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR W.P.No.848 of 2025 and WMP No.1024 of 2025 Kadanthapatti Arulmighu Angala Amman Arakkatalai, rep. by its Former President & Oor Nattamaikkarar Ramasamy, S/o Venkatachalam, Kadanthapatti Village, Pachal Post, Namakkal Taluk and District.

... Petitioner Vs.

1. The Government of Tamilnadu, rep. by its Principal Secretary, Department of Tourism, Culture and Religious Endowments, Fort St. George, Chennai 600 009.

2. The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai 600 034.

3. The Revenue Divisional Officer, Namakkal Revenue Division, Mohanur Road, Namakkal 637 001.

4. The Tahsildar, Namakkal Taluk, Mohanur Road, Namakkal 637 001.

5. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, D.No.20F, Chinnamuthu Veethi first street, Perundurai Road, Erode 638 001.

6. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Government Offices Additional Buildings, Collectorate, Room No.215, First Floor, Namakkal 637 003.

7. The Inspector, Hindu Religious and Charitable Endowments Department, Ranganathar Theermuti, Namakkal 633 001.

8. Manickam ... Respondents Prayer: Writ petition filed under Article 226 of Constitution of India seeking for issuance of Writ of Certiorari, calling for the records relating to the impugned orders passed by the third respondent dated 03.07.2024 and the consequential notice issued by the seventh respondent dated 09.09.2024 in Notice No.1 and quash the same. For Petitioner : Mr..Prabakaran For Respondents : Mr.S.Ravichandran, Addl.Govt.Pleader for respondents 1, 2 and 5 to 7 Mr.V.Ramesh, Govt. Advocate for respondents 3 and 4.

ORDER

This writ petition is filed challenging the peace committee resolution dated 03.07.2024 and consequent public notice issued by the seventh respondent, inviting objection from the general public regarding the proposal of the HR & CE Department to take over the administration of Arulmighu Angala Amman Thirukoil, Kadanthapatti Village, Pachal Post, Namakkal Taluk and District.

2. It is the case of the petitioner that the afore mentioned Thirukoil belonged to Senguntha Mudaliyar Community people in the said Village and as per custom and usage, the administration of the temple has been looked after by Oor Nattamaikkarar. The petitioner Trust was registered on 19.03.2010 for better administration of the temple. Some individuals created problems by claiming right in the administration of the temple and in respect of the same, civil proceedings are pending. Since there was a dispute between the Poojari and the administration of the temple, a peace committee was convened by the respondents on 03.07.2024, wherein, the petitioner had participated. In the peace committee meeting, a decision was taken

to request the HR & CE Department to take over the administration of the temple for smooth conduct of the administration. Based on the said resolution, the seventh respondent issued the impugned public notice seeking objection from the general public for the proposal to take over the administration of the temple by the HR & CE Department. Aggrieved by the resolution passed in the peace committee meeting and the public notice, the petitioner has come before this court.

3. Mr.S.Ravichandran, learned Additional Government Pleader, who takes notice for the respondents 1, 2 and 5 to 7 would submit that earlier, a writ petition was filed by one Neelavathy, challenging the very same impugned order in W.P.No.35680 of 2024 and the said writ petition was disposed of with a direction to the second respondent to consider the objection and pass orders on its own merits.

4. By the impugned public notice, the seventh respondent only call for objection from the general public regarding the proposal of the HR & CE Department to take over the administration of the temple. The petitioner already said to have submitted his objection on

13.09.2024, objecting to the proposal of the Department to take over the administration of the temple. When the objections submitted by petitioner are under consideration, the petitioner is not entitled to rush to this court. Therefore, it is for the second and fifth respondents to consider the objection of the petitioner and pass final orders on its own merits. Any final order passed by competent authority can always be questioned by the petitioner in accordance with law.

5. With the above direction, this writ petition is disposed of. There shall be no order as to costs. Connected miscellaneous petition is closed.

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1. The Government of Tamilnadu, rep. by its Principal Secretary, Department of Tourism, Culture and Religious Endowments, Fort St. George, Chennai 600 009.

2. The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai 600 034.

3. The Revenue Divisional Officer, Namakkal Revenue Division, Mohanur Road, Namakkal 637 001.

4. The Tahsildar, Namakkal Taluk, Mohanur Road, Namakkal 637 001.

5. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, D.No.20F, Chinnamuthu Veethi first street, Perundurai Road, Erode 638 001.

6. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Government Offices Additional Buildings, Collectorate, Room No.215, First Floor, Namakkal 637 003.

7. The Inspector, Hindu Religious and Charitable Endowments Department, Ranganathar Theermuti, Namakkal 633 001.

S.SOUNTHAR, J.

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