C.Andiappan v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.09.2015
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH Writ Petition(MD).No.15978 of 2015 and M.P.(MD)No.1 of 2015 C.ANDIAPPAN ... Petitioner Vs 1.THE COMMISSIONER, TAMIL NADU HINDU RELIGIOUS AND CHARITABLE ENDOWMENT BOARD, NUNGAMPAKKAM, CHENNAI -34.
2.THE JOINT COMMSSIONER, TAMIL NADU HINDU RELIGIOUS AND CHARITABLE ENDOWMENT BOARD, 524/1, TRIVANDRUM ROAD, PALAYAMKOTTAI, TIRUNELVELI -2.
3.ARULMIGU SUBRAMANIASWAMY THIRUKOVIL, REPRESENTED THROUGH ITS EXECUTIVE OFFICER CUM JOINT COMMISSIONER, TIRUCHENDUR.
4.THE EXECUTIVE OFFICER/JOINT COMMISSIONER, ARULMIGU SUBRAMANIYASAMY THIRUKOVIL, FIT PERSON OF AVANI / MASI 2ND DAY MANDAGAPADI KATTALAI PROPERTIES, TIRUCHENDUR, THOOTHUKUDI.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 3rd Respondent herein to consider petitioners representation dated 29.08.2015 and permit him to perform "Avani 2nd day Mandagapadi and 7th day Moondram Kaalam Thirukkan Sathuthal" in Thiruchendur Arulmigu Subramaniyasamy Thirukovil for the year 2015 by virtue of Section 54(2) of Tamil Nadu Hindu Religious and Charitable Endowment Act 1959.
For petitioner : Mr.V.Meenakshisundaram For respondents : Mr.V.Muruganantham 1 and 2 Additional Government Pleader For respondents : Mr.M.Muthugeethaiyan 3 AND 4 ***
ORDER
This Writ Petition has been filed seeking issuance of a Mandamus to direct the third respondent herein to consider the petitioner's representation dated 29.08.2015 and permit him to perform "Avani 2nd day
Mandagapadi and 7th day Moondram Kaalam Thirukkan Sathuthal" in Thiruchendur Arulmigu Subramaniyasamy Thirukovil for the year 2015 by virtue of Section 54(2) of Tamil Nadu Hindu Religious and Charitable Endowment Act 1959.
2.Mr.V.Muruganantham, learned Additional Government Pleader takes notice for the respondents 1 and 2 and Mr.M.Muthugeethaiyan, learned counsel take notice for the respondents 3 and 4 and by consent of all parties, the writ petition is taken up for final disposal, at the stage of admission itself.
3.Today when the matter is taken up for hearing, the learned counsel appearing for the respondents 3 and 4 would submit that the fourth respondent has passed an order on 01.09.2015 permitting the petitioner to perform "Avani 2nd day Mandagapadi and 7th day Moondram Kaalam Thirukkan Sathuthal" in Thiruchendur Arulmigu Subramaniyasamy Thirukovil for the year 2015. A copy of the said order has also been filed before this Court in the form of typed set of papers.
4.The learned counsel for the petitioner would submit that there is no reference in the said order with regard to permission to perform "7th day Moondram Kaalam Thirukkan Sathuthal" in Thiruchendur Arulmigu Subramaniyasamy Thirukovil for the year 2015. 5.At this stage, the learned counsel appearing for the respondents 3 and 4 would submit that the petitioner will also be permitted to perform "7th day Moondram Kaalam Thirukkan Sathuthal" in Thiruchendur Arulmigu Subramaniyasamy Thirukovil for the year 2015. 6.Recording the above submissions, this Writ Petition is closed. However, it is made clear that this order shall not enure any separate right/benefit to the petitioner and it is only for the interim arrangement for the function. No costs. Consequently, the connected miscellaneous petition is closed.
Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.THE COMMISSIONER,TAMIL NADU HINDU RELIGIOUS AND CHARITABLE ENDOWMENT BOARD, NUNGAMPAKKAM, CHENNAI -34.
2.THE JOINT COMMSSIONER, TAMIL NADU HINDU RELIGIOUS AND CHARITABLE ENDOWMENT BOARD,524/1, TRIVANDRUM ROAD, PALAYAMKOTTAI, TIRUNELVELI -2.
3. THE EXECUTIVE OFFICER CUM JOINT COMMISSIONER, ARULMIGU SUBRAMANIASWAMY THIRUKOVIL, EXECUTIVE OFFICER CUM JOINT COMMISSIONER, TIRUCHENDUR.
4.THE EXECUTIVE OFFICER/JOINT COMMISSIONER, ARULMIGU SUBRAMANIYASAMY THIRUKOVIL, FIT PERSON OF AVANI / MASI 2ND DAY MANDAGAPADI KATTALAI PROPERTIES, TIRUCHENDUR, THOOTHUKUDI.
+1cc to M/S.M.Muthugeethaiyan, Advocate in SR.No. 50954 +1cc to M/S.D.Nallathambi, Advocate in SR.No 51174 +1cc to Special Government Pleader in SR.No. 51305. TS/03.09.2015/3P - 8C GSV-PM/SAR -I Writ Petition (MD) No.15978 of 2015 02.09.2015