Shanmugasundaram v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MRS. JUSTICE L.VICTORIA GOWRI and W.M.P(MD)No.6044 of 2023 Shanmugasundaram : Petitioner Vs.

1.The Commissioner, H.R & C.E., Department, Chennai.

2.The Joint Commissioner, H.R & C.E., Department, Thoothukudi District.

3.The Executive Officer, 1/5

4.The Fit Person, : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus to direct the respondents 1 and 2 to take appropriate actions against the respondents 3 and 4 for unauthorizedly collecting funds in the name of the festival committee of Arulmighu Teppakulam Sri Mariamman Thirukovil situated in Melur, Thoothukudi District based on the representation given by the petitioner dated 01.02.2023.

For Petitioner : Mr.K.Jeyamohan For Respondents : Mr.P.Subbaraj Spl. Govt. Pleader for R1 and R2

ORDER

(Order of the Court was made by R.SUBRAMANIAN, J) The petitioner seeks for issuance of a Writ of Mandamus to direct the respondents 1 and 2 to take appropriate actions against the respondents 3 and 4 for unauthorizedly collecting funds in the name of the festival 2/5

committee of Arulmighu Teppakulam Sri Mariamman Thirukovil situated in Melur, Thoothukudi District based on his representation dated 01.02.2023. 2.Mr.P.Subbaraj, learned Special Government Pleader takes notice for the respondents 1 and 2. By consent, this writ petition is taken up for final disposal at the admission stage itself.

3.The Executive Officer of the Temple is present. She would state that she has not authorized any collection of funds for the Kodai Urchava Vizha 2023 at Teppakulam Arulmighu Sri Mariamman Temple, Melur, Thoothukudi. The petitioner has filed certain receipts and invitation describing certain persons as festival committee.

4. In view of the above fact, the Executive Officer is required to lodge a police complaint to prevent such unauthorized representations and collection being made. Mr.S.Ravi, learned Additional Public Prosecutor is required to instruct the police to take suitable action to prevent such collection.

3/5

5.This Writ Petition is disposed of with the above directions. No costs. Consequently, connected miscellaneous petition is closed. [R.S.M., J.] & [L.V.G., J.] 24.03.2023 NCC : Yes/No Index : Yes/No Internet : Yes skn To 1.The Commissioner, H.R & C.E., Department, Chennai.

2.The Joint Commissioner, H.R & C.E., Department, Thoothukudi District.

3.The Executive Officer, 4/5

R.SUBRAMANIAN., J AND L.VICTORIA GOWRI.,J skn and W.M.P(MD)No.6044 of 2023 24.03.2023 5/5