T.Suresh Kannan v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.02.2024
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.2361 of 2024 T.Suresh Kannan ... Petitioner -Vs1.The Commissioner, Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai-600 034.
2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, H-306, TNHP Colony, Ellis Nagar, Madurai-625 016.
3.The District Collector, Madurai District.
4.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, H-306, TNHP Colony, Ellis Nagar, Madurai-625 016.
5.The Inspector, Hindu Religious and Charitable Endowment Department, Sholavandhan, Madurai-625 032.
6.The Trustee, Arulmigu Aathi Ayyanar Temple, Neerathan, T.Vadipatti, Madurai.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to pass an appropriate order for conducting the festival of Sri Durgai Amman Temple, Neerathan, Vadipatti Taluk, Madurai District from this year onwards by the 5th respondent herein without offering first respect to anybody based on the representation dated 22.11.2023. For Petitioner : Mr.S.Sadeskumar For R1 to R5 : Mr.P.Thilak Kumar, Government Pleader
ORDER
[Order of the Court was made by D.KRISHNAKUMAR, J.] This Writ Petition is filed to direct the respondents to pass an appropriate order for conducting the festival of Sri Durgai Amman Temple, Neerathan, Vadipatti Taluk, Madurai District from this year onwards by the 5th respondent without offering first respect to anybody based on the representation dated 22.11.2023.
2.By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
3.Mr.P.Thilak Kumar, learned Government Pleader, who takes notice for the respondents 1 to 5, submits that the subject temples are not coming under the schedule of the Hindu Religious Charitable and Endowment Department, therefore, the department cannot have a role to interfere with the dispute between the parties.
4.In view of the aforestated submission, since the subject temples are not coming under the control of Hindu Religious Charitable and Endowment Department, the plea of the petitioner cannot be considered by the authorities concerned. Therefore, if there is any dispute between the parties, it is for the petitioner to workout his remedy before the competent civil Court. 5.With the above observations, this Writ Petition stands disposed of. No costs.
[D.K.K., J.] & [R.V., J.] 06.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva
To 1.The Commissioner, Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai-600 034.
2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, H-306, TNHP Colony, Ellis Nagar, Madurai-625 016.
3.The District Collector, Madurai District.
4.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, H-306, TNHP Colony, Ellis Nagar, Madurai-625 016.
5.The Inspector, Hindu Religious and Charitable Endowment Department, Sholavandhan, Madurai-625 032.
D.KRISHNAKUMAR, J.
AND R.VIJAYAKUMAR , J.
Yuva W.P.(MD)No.2361 of 2024 06.02.2024