E. Thayappan v. The Assistant Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH E.Thayappan ... Petitioner -vs1.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Tirunelveli District.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Tirunelveli District.

3.The Executive Officer, Arulmigu Meenakshi Sundareswarar Temple, Sindhupoonthurai, Tirunelveli.

4.Sankar 5.Sudalaivadivu 6.Saroja ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent No.2 herein to conclude the enquiry commenced in O.A.No.2 of 2024, on the file of the second respondent

within a stipulated time period in accordance with law on the basis of the representation, dated 20.05.2024.

For Petitioner : Mr.M.Ramesh For R1 and R2 : Mr.K.S.Selvaganesan Additional Government Pleader

ORDER

This Writ Petition has been filed seeking a direction to the second respondent herein to conclude the enquiry commenced in O.A.No.2 of 2024, in accordance with law, on the basis of the petitioner's representation, dated 20.05.2024.

2. With the consent of both sides, this Writ Petition is disposed of, at the admission stage itself.

3. Since no adverse orders are going to be passed against the respondents 3 to 5, notice to the respondents 3 to 5 is hereby dispensed with.

4. According to the petitioner, the villagers conduct the Kodai Vizha festival every year and it is celebrated without the use of non-vegetarian food.

However, the respondents 4 to 6 herein started causing hindrances. Hence, the petitioner filed W.P.(MD)No.21919 of 2023 seeking police protection. After hearing all the parties, this Court, by order dated 12.09.2023, directed the second respondent to appoint a Special Officer for conducting the temple festival and granted liberty to the petitioner to file an application before the second respondent for appropriate relief. Pursuant to the said order, the petitioner and other villagers filed O.A.No.2 of 2024, invoking Section 64(1) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, in January 2024. Since no action has been taken, the present writ petition has been filed.

5. Heard the learned counsel appearing for the parties.

6. Considering the facts and circumstances of the case, there shall be a direction to the second respondent to conclude the enquiry proceedings in O.A.No.2 of 2024 and pass appropriate orders on merits and in accordance with law, after giving due opportunity to the petitioner and the respondents 3 to 5 herein, as well as all other persons, who may be interested in the subject matter, within a period of four months from the date of receipt of a copy of this order. It

is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the second respondent to consider the same on its own merits.

7. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs.

NCC : Yes / No 24.02.2025 Index : Yes / No smn2 To:- 1.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Tirunelveli District.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Tirunelveli District.

3.The Executive Officer, Arulmigu Meenakshi Sundareswarar Temple, Sindhupoonthurai, Tirunelveli.

VIVEK KUMAR SINGH , J.

smn2 24.02.2025