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Madras High CourtWP(MD)/5515/2020dismissed

A.Chandrasekaran v. The Joint Commissioner

2022-03-14Honourable Mr Justice C. Saravanan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.03.2022

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.(MD).No.5515 of 2020 A.Chandrasekaran ... Petitioner Vs.

1.The Joint Commissioner, Arulmigu Aranganathasamy Thirukovil, Srirangam, Tiruchirappalli.

2.M.Jeyaraman ...Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned notice dated 02.03.2020 passed by the first respondent and quash the same and consequently directing the first respondent to grant permission in the petitioner's name A.Chandrasekaran to conduct the said Arulmigu Aranganathasamy Mandagapadi Ubayam scheduled for this year at Tamil month of Panguni.

For Petitioner : Mr.N.V.Nagenthran For R1 : Mr.M.Saravanan For R2 : Mr.R.Sundar W.P.(MD).No.23172 of 2021 A.Chandrasekaran ... Petitioner Vs.

1.The Joint Commissioner, Arulmigu Aranganathasamy Thirukovil, Srirangam, Tiruchirappalli.

2.M.Jeyaraman

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct 1/3

the first respondent to grant permission to the said Arulmigu Srirangam Renganatha Swamy Vazhi Nadai Ilagal Ubagam in the Tamil Month of Panguni for the year of 2022 in the name of petitioner A.Chandrasekaran to conduct the said Arulmigu Aranganathasamy Vazhinadai Ilagal Mandagapadi Ubayam at 3/183, Vellalar Street, Thiruchendurai, Jeeyapuram, Trichy-639101.

For Petitioner : Mr.N.V.Nagenthran For R1 : Mr.M.Saravanan For R2 : Mr.R.Sundar COMMON ORDER These writ petitions have become infructuous as the time for conducting Vazhinadai Ilagal Mandagapadi Ubayam for the year 2021 and 2022 has already expired. There is a rival dispute between the petitioner and the petitioner's paternal uncle, namely, second respondent herein. It appears that the issue was also agitated in O.S.No.2258 of 1990, which was partly allowed by the District Munsif Court, Trichy on 11.06.2002. It appears that the appeal filed before the Appellate Court was also withdrawn later. There is a private dispute between the petitioner and the second respondent herein, who are members of the same family. It is for them to arrive at a consensus and report the same before the authorities under Hindu Religious and Charitable Endowments Act, for conduct the Vazhinadai Ilagal Mandagapadi Ubayam

2. Considering the same, I am inclined to dismiss the writ petition by giving liberty to the petitioner and the second respondent to approach the Joint Commissioner under Section 63 e of the Hindu Religious and Charitable Endowments Act, 1959 to establish their customary right. If such appeal filed before the Commissioner, the Commissioner shall consider and pass appropriate orders within a period of six months from the date of receipt of copy of this order.

3. The writ petitions stand dismissed with the above observations. No costs.

Sd/- Assistant Registrar (A.D.II) // True Copy // / /2022 Sub Assistant Registrar(CS) sn 2/3

To The Joint Commissioner, Arulmigu Aranganathasamy Thirukovil, Srirangam, Tiruchirappalli.

+1 CC to M/s.N.V.NAGENTHRAN, Advocate ( SR-12337[F] dated 15/03/2022 ) +1 CC to M/s.M.SARAVANAN, Advocate ( SR-12260[F] dated 15/03/2022 ) W.P.(MD).Nos.5515 of 2020 and 23172 of 2021 14.03.2022 RD(01.04.2022) 3P 4C 3/3