Madras High CourtWP(MD)/15915/2015disposed of

C.Karuppiah Poosari, v. The Commissiioner,

2015-09-02Honourable Mr Justice R.Subbiah2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :02.09.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P(MD).No.15915 of 2015 C.Karuppiah Poosari ...Petitioner Vs.

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

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

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

4.The Executive Officer, Pudukkottai Temples, Pudukkottai Devasthanam Office, Public Office Compound, Pudukkottai, Pudukkottai District. ...Respondents PRAYER:

This Writ Petition has been filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus directing the respondents to permit the petitioner to conduct Puraviyeduppu Festival of Arulmighu Ilangudipatti Ayyanar Temple, Thirumayam Taluk, Pudukkottai District under the supervision of the fourth respondent herein from 04.09.2015 to 06.09.2015 on the basis of the petitioner's representation, dated 24.08.2015 and 29.08.2015.

For petitioner : Mr.B.Saravanan for Mr.S.Mohamed Kadhar For R-1 to R-3 : Mr.V.Muruganantham, Additional Government Pleader takes notice.

For R-4 : Mr.G.Mathavan

ORDER

The Writ Petition has been filed praying for a Writ of Mandamus directing the respondents to permit the petitioner to conduct "Puraviyeduppu Festival" of Arulmighu Ilangudipatti Ayyanar Temple, Thirumayam Taluk, Pudukkottai District under the supervision of the fourth respondent herein from 04.09.2015 to 06.09.2015 on the basis of the petitioner's representation, dated 24.08.2015 and 29.08.2015.

2. Mr.V.Muruganantham, learned Additional Government Pleader takes notice for the respondents 1 to 3 and Mr.G.Mathavan, learned counsel takes notice for the fourth respondent.

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3. The petitioner is a resident of Ilangudipatti, Thirumayam Taluk, Pudukkottai District. There is a temple called "Arulmighu Ilangudipatti Ayyanar Temple". The said temple is listed in the Hindu Religious and Charitable Endowments Department under Section 46(1) of the HR & CE Act. The villagers used to celebrate "puraviyeduppu festival" every year. This year also the petitioner along with other villagers decided to conduct the said festival from 31.08.2015 to 08.09.2015 and for which, the petitioner made application before the Revenue Officials and police authorities and the petitioner was advised to approach the respondents herein to get permission to conduct the festival. Thereafter, the petitioner sent representation to the respondents. But, there was no response. Hence, the petitioner appeared before the third respondent on 29.08.

2015 and at that time, the petitioner was requested to conduct the said festival on alternative dates. Hence, once again the petitioner gave a representation to grant permission to conduct the festival from 04.09.2015 to 06.09.2015. The same was not considered so far. Hence, the petitioner has come forward with the present Writ Petition for the above stated relief.

4. Heard the submissions made on either side.

5. Considering the submissions made on either sides, without going into the merits of the matter, this Court directs the third respondent to consider the representation of the petitioner, dated 29.08.2015, and pass orders on merits and in accordance with law, by affording an opportunity of hearing to all the necessary parties, before 04.09.2015. With the above direction, the Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To 1.The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai.

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

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

4.The Executive Officer, Pudukkottai Temples, Pudukkottai Devasthanam Office, Public Office Compound, Pudukkottai, Pudukkottai District. +2cc to Mr.B.Saravanan, Advocate in SR.No.20926 W.P(MD).No.15915 of 2015 02.09.2015 pm PBK/GSV-MPA/SAR-II 02/09/2015 ::2P-7C::

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