Ganesan.V.A v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR V.A.Ganesan ... Petitioner vs.

1.The Commissioner, Hindu Religious and Charitable Endowment Department, Nungampakkam, Chennai.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Thoothukudi, Thoothukudi District.

3.The Executive Officer, Sri Meenakshi Sundareswarar Thirukovil, Vilathikulam, Thoothukudi District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents to recover 1959 valuable movable properties belongs to Sri Meenakshi Sundareswarar Swamy Thirukovil, Vilathikulam 1959 things are Impon (gold, silver, copper, zinc and iron all are mixed) based on the petitioner's representation, dated 15.12.2022.

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For Petitioner : Mr.J.Gunaseelan Muthiah For Respondents : Mr.P.Subburaj Special Government Pleader

ORDER

(Order of the Court was made by D. KRISHNAKUMAR, J.) The prayer in the writ petition is for issuance of a Writ of Mandamus, directing the respondents to recover 1959 valuable movable properties belonging to Sri Meenakshi Sundareswarar Swamy Thirukovil, Vilathikulam, 1959 things are Impon (gold, silver, copper, zinc and iron all are mixed) based on the petitioner's representation, dated 15.12.2022. 2.The petitioner has filed the present Writ Petition under the guise of 'Public Interest Litigation' seeking to recover the movable properties belonging to the Meenakshi Sundareswarar Swamy Thirukovil, Vilathikulam. With regard to the same, the petitioner made a representation, dated 15.12.2022 to the respondents. Since the same has not been considered, the petitioner has filed the present Writ Petition. 2/5

3.Heard the learned counsel appearing on either side and perused the materials available on record.

4.On a perusal of the representation, dated 15.12.2022, it is seen that the petitioner has not furnished the details or any other materials for recovery of the said missing articles. Even though the petitioner has filed in the typeset of papers the copy of the decree passed by the trial Court in O.S.No.184 of 1922 on the file of the District Munsif Court, Kovilpatti, the said copy of the decree has not been enclosed in the representation, dated 15.12.2022. Therefore, we are not inclined to entertain the Writ Petition under the guise of 'Public Interest Litigation'. If the petitioner really aggrieved over the same, he can furnish all the particulars before the authority concerned seeking for the aforesaid prayer. 5.With the above observation, this Writ Petition is dismissed. No costs.

[D.K.K.,J.] [R.V.,J.] 12.01.2023 NCC : Yes / No Index : Yes / No Internet : Yes 3/5

To 1.The Commissioner, Hindu Religious and Charitable Endowment Department, Nungampakkam, Chennai.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Thoothukudi, Thoothukudi District.

3.The Executive Officer, Sri Meenakshi Sundareswarar Thirukovil, Vilathikulam, Thoothukudi District.

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D. KRISHNAKUMAR ,J.

and R.VIJAYAKUMAR,J.

ps ORDER MADE IN DATED : 12.01.2023 5/5