Selvi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH

1. Selvi

2. Pothuponnu @ Mani : Petitioners Vs.

1. The District Collector, Office of the District Collector,

2. The Joint Commissioner, Hindu Religious and Charitable Endowments, Sivagangai.

3. Venkatesan Chettiyar, The Hereditary Trustee, Arulmigu Muthumariyamman Thirukovil, Thayamangalam, Ilayangudi Taluk,

4. M.Muthukumar : Respondents P RAYER:

Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to appoint the Petitioners as pujaries of Arulmigu Muthumariyamman Thirukovil, Thayamangalam in Sivagangai District within the time 1/5

stipulated by this Honourable court in accordance with the law. For Petitioner : Mr. S. Malaikani For Respondents : Mr.K.S.Selvaganesan Addl.Government Pleader for R1 & R2 Mr.T.S.Mohamed Mohidheen for Mr.V.Jeyamohan for R4

O R D E R

This writ petition has been filed for issuance of a writ of mandamus directing the respondents to appoint the petitioners as Pujaries of Arulmigu Muthumariyamman Thirukovil, Thayamangalam, in

2. When the matter was taken up for hearing, the learned counsel for the third respondent, by filing a counter-affidavit, submitted that the post of pujari had already been filled following an advertisement that was made and pasted in the temple, inviting applications for the said position. If at all, the petitioners are aggrieved by the action of the third respondent, they have an adequate and effective alternate remedy under Section 55(4) of the TN HR & CE Act. According to the said provision, any person aggrieved by the proceedings has the right to file an appeal before the appellate authority.

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3. Considering the aforesaid submission made by the learned counsel for the third respondent temple and since the post of pujari has already been filled, the prayer sought in this writ petition cannot be granted. However, it is observed that the petitioner has an effective alternative remedy available under Section 55(4) of the TN HR & CE Act, which provides for an appeal before the appellate authority.

4. Accordingly, the Writ Petition stands disposed of, granting liberty to the petitioner to approach the appellate authority within a period of two weeks from the date of receipt of a copy of this order. In case, any such appeal is filed by the petitioner within a period of two weeks from today, the appellate authority shall entertain the appeal and pass appropriate orders on its own merits and in accordance with law within two months thereafter, without reference to the period of limitation. There shall be no order as to costs. 07.04.2025 Index : Yes / No Internet : Yes / No PKN 3/5

To

1. The District Collector, Office of the District Collector,

2. The Joint Commissioner, Hindu Religious and Charitable Endowments, Sivagangai.

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VIVEK KUMAR SINGH, J.

PKN W.P.(MD) No.6682 of 2025 07.04.2025 5/5