V.Aarumugam v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.02.2025
CORAM:
THE HONOURABLE MR JUSTICE P.B. BALAJI and WMP(MD) No.2577 of 2025 M.Aarumugam ... Petitioner Vs
1. The District Collector, Madurai Collector Office,
2. The Joint Commissioner, Hindu Religious and Charitable Endowment Department,
3. The Commissioner of Police, Madurai Police Commissioner Office,
4. The Assistant Commissioner, Hindu Religious and Charitable Endowment Department,
5. The Tahsildar, Taluk Office, Thiruparamkundram Taluk, Madurai District.
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6. The Inspector of Police, Subramaniapuram Police Station,
7. V.Srinivasan, ... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 1st respondent to consider the representation dated 15.10.2024 sent by the petitioner and to take action without further delay.
For Petitioner : Mr.S.Arunnithy For Respondents : Mr.S.Shaji Bino, (R2 & R4) Special Government Pleader Mr.K.Gnanasekaran, (R6) Government Advocate (Crl.Side) Mr.C.Satheesh, (R1 & R5) Government Advocate
ORDER
The petitioner has filed the present writ petition seeking issuance of writ of mandamus seeking a direction to the first respondent to consider the petitioner's representation, dated 15.10.2024. 2/6
2. I have heard the learned counsel appearing for the petitioner, the learned Special Government Pleader appearing for the respondents 2 and 4, the learned Government Advocates appearing for the respondents 1, 5 and 6 and perused the materials placed before this Court.
3.I have gone through the representation of the petitioner, wherein, the petitioner has called up the HR & CE Officials to take over the management and administration of the temple Arumigu Neelagandan Kovil situated at Madakulam Village, Pazhanganatham, Madurai District. According to the petitioner, the temple is more than 120 years old and it is being worshipped by the entire village people and the temple is also situated only in the Government land.
4.It is the agitation of the petitioner that the 7th respondent and others are attempting to take over the management of the temple. In that regard, the petitioner has given a representation to the HR & CE Officials to intervene and take over the management administration of the temple. The petitioner cannot as a matter of right invoke the writ 3/6
jurisdiction of this Court seek of mandamus of this nature. Though the learned counsel for the petitioner submitted that he has only given a representation and the prayer of the writ petition is to dispose of the representation.
5.Though this Court is competent to go into the merits of the representation to see whether any valid right of the petitioner has been intervened or affected, the only request that has been made by the petitioner to the HR & CE Officials is to take over the management of Arumigu Neelagandan Kovil situated at Madakulam Village, Pazhanganatham, Madurai District. As a matter of right the petitioner has no authority to given such a request to the HR & CE Officials. 6.Be that as it may, the petitioner has already given a representation to the HR & CE Officials on 15.10.2024. It is left to the discretion of the HR & CE Officials to take a call with regard to the taking over of said temple or not. I am not inclined to give any positive direction.
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7.Accordingly, this writ petition stands closed. No costs. Consequently, connected miscellaneous petition is closed. 10.02.2025 Index : Yes / No NCC : Yes / No PNM TO:-
1. The District Collector, Madurai Collector Office, Madurai.
2. The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Madurai.
3. The Commissioner of Police, Madurai Police Commissioner Office, Madurai.
4. The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Madurai.
5. The Tahsildar, Taluk Office, Thiruparamkundram Taluk, Madurai District.
6. The Inspector of Police, Subramaniapuram Police Station, 5/6
P.B. BALAJI , J.
PNM ORDER IN and WMP(MD) No.2577 of 2025 10.02.2025 6/6