Saranraj v. The Assistant Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH Saranraj : Petitioner Vs.

1. The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Pudukottai, Pudukottai District.

2. The Executive Officer, Hindu Religious and Charitable Endowment Department, Mavayal Kattu Ayyanar Thirukovil, Keelathaniyam Village, Ponnamaravathi Taluk, Pudukottai District.

3. Thangaraj : Respondents P RAYER:

Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st and 2nd respondents to recover the temple key of Sree Maavayal Kattu Ayyanar temple situated at Keelathaniyam Village, Ponnamaravathi Taluk, 1/6

Pudukottai District on the basis of petitioner's representation dated on 04.02.2025.

For Petitioner : Mr. T.Vadivelan For Respondents : Mr.K.S.Selvaganesan Counsel for Government of Tamil Nadu for R1 Mr.V.Chandrasekar for R2

O R D E R

This Writ Petition has been filed seeking a direction to the the respondents 1 and 2, to recover the temple key of Sree Maavayal Kattu Ayyanar Temple situated at Keelathaniyam Village, Ponnamaravathi Taluk, Pudukottai District, by considering the petitioner's representation dated on 04.02.2025.

2. Heard the learned counsel for the parties. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. Having regard to the nature of the order proposed to be passed in this writ petition, notice to the third respondent is dispensed with.

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3. The petitioner asserts that Sree Maavayal Kattu Ayyanar Temple falls under the jurisdiction of the Hindu Religious and Charitable Endowments (HR & CE) Department. The petitioner alleges that the third respondent unlawfully possesses the locker key of the temple and is using the temple's belongings for personal, domestic purposes. In this regard, the petitioner submitted a representation dated 04.02.2025, requesting necessary action against the third respondent. However, since no action has been taken on his representation, the petitioner has now filed the present writ petition.

4. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.

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5. In the light of the above observations, there shall be a direction to the respondents 1 and 2 to consider the petitioner's representation dated 04.02.2025 and pass appropriate orders solely on its own merits and in accordance with law, after giving due opportunity to the petitioner, as well as all other persons, who may be interested in the subject matter, within a period of eight weeks 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 respondents 1 and 2 to consider the same on its own merits.

6. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs. 13.03.2025 Index : Yes / No Internet : Yes / No PKN 4/6

To

1. The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Pudukottai, Pudukottai District.

2. The Executive Officer, Hindu Religious and Charitable Endowment Department, Mavayal Kattu Ayyanar Thirukovil, Keelathaniyam Village, Ponnamaravathi Taluk, Pudukottai District.

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VIVEK KUMAR SINGH, J.

PKN W.P.(MD) No.6737 of 2025 13.03.2025 6/6