Sriram v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Sriram ... Petitioner versus

1. The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai.

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

3. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Virudhunagar, Virudhunagar District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the 1/6

respondents to take action on the representation dated 29.12.2023 given by the petitioner seeking to take control and maintain the "Sri Gangai Amman Temple" situated at Veppilaipatti Village, Sattur Taluk, Virudhnagar District.

For Petitioner : Mr.R.J.Karthick For Respondents : Mr.P.Subba Raj, Special Government Pleader

ORDER

The petitioner claims that he is the devotee of Gangai Amman Temple situated in Vappilaipatti Village, Sattur Taluk, Virudhunagar District. This temple is being worshipped by several community people as their family deity. There will be a very big festival during Masi Sivarathiri Festival. The Devotees from Naicker Community, Pillai Community, Devendrakula Vallalar Community and Yadhava Community used to participate in the temple festival. Now, the temple is in the administration of one community and the persons, who are in the management of the temple, are also indulging in misappropriation. Therefore, the petitioner has submitted a representation to the 2/6

respondents and has filed this writ petition for considering his representation dated 29.12.2023.

2. The learned Special Government Pleader takes notice for the respondents and submits that with regard to the management of Gangai Amman Temple, a suit was filed before the Sub Court, Srivilliputtur in O.S.No.162 of 1985 and the same was decreed as it is a denomination temple belonging to a particular community. As against the same, appeal has been preferred by the Department and the same was dismissed and challenging the same, second appeal in S.A.No.491 of 2006 was filed and the same is pending and therefore, the request of the petitioner cannot be considered at this point of time, pending the second appeal.

3. This Court considered the rival submissions made. 3/6

4. It appears that the competent civil court has already passed an order declaring the temple as denomination temple and passed a decree. As against the same, second appeal in S.A.(MD)No.491 of 2006 was filed by the Department and the same is pending before this Court.

5. Therefore, this writ petition is disposed of with liberty to the petitioner to workout his remedy in the second appeal pending in S.A. (MD)No.491 of 2006.

04.03.2024 NCC : Yes / No.

Index : Yes / No.

Internet: Yes / No.

ogy To

1. The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai.

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

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3. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Virudhunagar, Virudhunagar District.

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B.PUGALENDHI, J.

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