Ganesan.A v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.03.2023
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU A.Ganesan
...Petitioner in W.P. (MD)No.4160 of 20223
P.K.Periyakengai
...Petitioner in W.P. (MD)No.4161 of 20223
S.Periyannan
...Petitioner in W.P. (MD)No.4162 of 20223
R.Subramani
...Petitioner in W.P. (MD)No.4163 of 20223
K.Vellaikengai
...Petitioner in W.P. (MD)No.4164 of 20223
S.Shanmugam
...Petitioner in W.P. (MD)No.4165 of 20223
Vs.
1.The Commissioner, Commissioner Office, 119, Uthamar Gandhi Salai, Chennai-34.
2.The Joint Commissioner, Ellis Nagar, Madurai-16.
3.The Executive Officer, Arulmigu Muniyandi Temple, Alanganallur, Madurai District.
1/6
4.The District Collector, Collector Office, Madurai District, Madurai.
5.The District Superintendent of Police, Madurai District, Madurai.
.. Respondents in all petitions COMMON PRAYER:
Petitions filed under Article 226 of the Constitution of India, for issue of Writ of Mandamus, to direct the respondents especially 2 and 3 not to give any special respect of First Honor to any particular caste people in temple functions held at Arulmigu Muniyandisamy Temple Vagaiyara at Alanganallur, Madurai District based on the representation dated 26.01.2023. For Petitioner : Mr. N.Sundaresan For R1, R2 & R4 : Mr. T.Villavan Kothai Additional Government Pleader For R3 : Dr. Ramesh Mahadev For R5 : Ms. M.Aasha Government Advocate (Crl.Side) COMMON ORDER Heard Mr. N.Sundaresan, Learned Counsel appearing for the Petitioner, Mr. T.Villavan Kothai, Learned Additional Government Pleader, who takes notice for the First, Second and Fourth Respondents, Mr. Ramesh Mahadev, Learned 2/6
Counsel, who takes notice for the Third Respondent and Ms. M.Aasha, Learned Government Advocate (Crl.Side), who takes notice for the Fifth Respondent and perused the materials placed on record, apart from the pleadings of the parties. 2.
Learned Additional Government Pleader appearing for the First Respondent, on instructions, states that in respect of the contentions raised by the Petitioners in these Writ Petitions, the appeal in A.P. No. 123 of 2022 D2 under Section 69(1) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (hereinafter referred to as 'the Act') is pending before the First Respondent against the order dated 28.04.2022 in O.A. No. 16 of 2005 passed by the Second Respondent under Section 63(e) of the Act. In that backdrop, Learned Counsel for the Petitioners seeks permission of the Court to withdraw the Writ Petitions reserving the rights of the Petitioners to be impleaded in the said appeal before the First Respondent and work out their remedies in that regard. He has also made an endorsement to that effect in the court record. 3.
As it is represented that the time limit fixed by this Court in the order dated 3/6
09.12.2022 in W.P (MD) No. 27794 of 2022 for the disposal of the said appeal before the First Respondent has lapsed on 28.02.2022 and further extension of time is required for hearing all parties concerned including the Petitioners, it shall be ensured by the First Respondent that the said appeal is disposed in terms of the aforesaid order passed by this Court by 30.06.2023 and report of compliance filed before the Registrar (Judicial) of the Court. In the result, the Writ Petitions are dismissed as withdrawn with the aforesaid clarifications. No costs.
01.03.2023 Index : Yes/No NCC : Yes /No ta To 1.The Commissioner, Commissioner Officer, 119, Uthamar Gandhi Salai, Chennai-34.
2.The Joint Commissioner, 4/6
Ellis Nagar, Madurai-16.
3.The Executive Officer, Arulmigu Muniyandi Temple, Alanganallur, Madurai District.
4.The District Collector, Collector Office, Madurai District, Madurai.
5.The District Superintendent of Police, Madurai District, Madurai.
5/6
P.D. AUDIKESAVALU, J.
ta 01.03.2023 6/6