M. Vetrivel v. The Assistant Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.01.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P(MD)Nos.1268 & 1270 of 2025 M.Vetrivel

...Petitioner

Vs.

1.The Assistant Commissioner, Hidnu Religious Charitable and Endowments Department, Virudhunagar.

2.The Executive Officer, Arulmigu Koodamudaiya Ayyanar Thirukovil, Kalayarkurichi, Sivakasi Taluk, Virudhunagar District.

3.The Inspector of HR & CR, Arulmighu Natchiyar (Andal) Thirukovil, Sirivlliputtur, Virudhunagar District.

...Respondents

Prayer:

Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus , to call for the records pertaining to the impugned notice of the first respondent dated 31.12.2024 in Na.Ka.No. 2680/2022/A3 and to quash the same as illegal and consequently direct the first respondent to call for the general body of Illathu Pillaimar Community 1/5

including the petitioner before commencing the election process for the election of appointment of Trustees to the Arul Mighu Palani Andavar Thirukovil, Mullikulam, Village, Sivakasi Taluk, Virudhunagar District. For Petitioner : Mr.K.Sudalaiyandi For R1 & R3 : Mr.R.Suresh Kumar Additional Government Pleader For r2 : Mr.P.Mahendran

O R D E R

This writ petition has been filed challenging the notice issued by the first respondent dated 31.12.2024 thereby call upon the persons belong to Illathu Pillaimar Community to include them in the voters list for the election to be conducted for appointment of trustees to the Arul Mighu Palani Andavar Thirukovil, Mullikulam, Village, Sivakasi Taluk, Virudhunagar District.

2. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3. The petitioner is claiming to be a member of Illathu Pillaimar Community and as per the notice impugned in this writ petition, dated 31.12.2024 he applied to be included in the voters list, however, the petitioner was orally informed that he belongs to some other community and his application could not be considered. It is mere apprehension and the 2/5

application submitted by the petitioner is under scrutiny. Therefore, there is absolutely no cause of action to challenge the notice issued by the first respondent thereby, call upon the voters to include them in the voters list for the election to be conducted for appointment of trustees to the Arul Mighu Palani Andavar Thirukovil, Mullikulam, Village, Sivakasi Taluk, Virudhunagar District. In fact, the said notice was issued as directed by this Court in W.P. (MD)No.23534 of 2023 dated 10.12.2024 that too, filed by the petitioner herein.

4. In view of the above, this Court finds no infirmity or illegality in the notice issued by the first respondent and it is devoid of merits and is liable to be dismissed.

5. Accordingly, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. Internet : Yes Index : Yes/No 23.01.2025 Speaking/Non Speaking order am 3/5

To 1.The Assistant Commissioner, Hidnu Religious Charitable and Endowments Department, Virudhunagar.

2.The Inspector of HR & CR, Arulmighu Natchiyar (Andal) Thirukovil, Sirivlliputtur, Virudhunagar District.

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G.K.ILANTHIRAIYAN, J.

am 23.01.2025 5/5