Madras High CourtWP(MD)/909/2021dismissed

Chellappa Iyer.A v. The Joint Commissioner/Executive Officer

2021-01-21Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.01.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.768 of 2021 A.Chellappa Iyer President, Sri Subramaniya Swamy Thirukovil, Kaingarya Thirisuthanthirargal Sabha, No.15, 1st Lane Cross Street, Tiruchendur-628 215, Thoothukudi District.

... Petitioner Vs.

1.The Joint Commissioner / Executive Officer, Hindu Religious and Charitable Endowment Department, Arulmigu Subramaniya Swamy Thirukoil, Tiruchendur, Thoothukudi District.

2.The Inspector of Police, Temple Police Station, Tiruchendur, Thoothukudi District.

3.Shankaranarayanan @ Mannuli Shankar 4.Ganapathi @ Kannan (Yanaimuthan) 5.Hariharan @ Thandapani Hari 6.Seetharaman 7.Harishenbagaraja 8.Narayanan @ Kutty 9.Chithambaram 10.Viswanathan 11.S.Venkatesh Iyer 12.I.Nagarajan Iyer @ Highways 13.Subramanian (STD) ... Respondents 1/4

PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 and 2 to take appropriate action as against the respondents 3 to 13 to ensure the smooth functioning of providing of Viboothi Prasatha Kaingaryam to devotees in front of Mayil Thevar Sannathi by Tiruchendur Sri Arulmigu Subramaniya Swamy Thirukovil Kaingarya Thirisuthanthirargal Sabha and to provide adequate necessary protections to the members (Kaingaryasthargal) of petitioner's sabha.

For Petitioner : Mr.R.Manimaran For R1 : Mr.M.Muthugeethayan Standing Counsel for HR and CE

ORDER

Heard the learned counsel for the petitioner. 2.The subject matter of the writ petition is essentially a private dispute between the petitioner Sabha on the one hand and the private respondents on the other. The issue cannot be decided by the Writ Court. The parties concerned may have to move the jurisdictional civil Court or the authorities constituted under the HR & CE Act. The Writ Petition is dismissed. I make it clear that I have not gone into the merits of the matter. The rights of the parties are left open. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) rmi Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To The Joint Commissioner / Executive Officer, Hindu Religious and Charitable Endowment Department, Arulmigu Subramaniya Swamy Thirukoil, Tiruchendur, Thoothukudi District.

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+1 CC to M/s.M.MUTHU GEETAIYAN, Advocate ( SR-1738[F] dated 22/01/2021 ) +1 CC to M/s.R.MANIMARAN, Advocate ( SR-2063[F] dated 25/01/2021 ) 21.01.2021 MJ(CO) KK(04.02.2021) 3P 4C 3/4