Thangaraj v. The Joint Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.04.2023
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA Thangaraj ... Petitioner Vs.
1.The Joint Commissioner Hindu Religious Charitable and Endowments Department Sivagangai District.
2.The Assistant Commissioner Aayiravaisiyar Sabai, Near ITI Vinayagar Kovil, Kenikarai, Ramanathapuram District.
3.The Executive Officer, Sri Arulmighu Vettudayal Kaliamman Kovil, Incharge Kudamrutha Ayyappaswamy Thirkkovil Ariyakurichi, Kollangudi Post, Kalayar Kovil, Sivagangai, Sivagangai District.
4.Boopalan V.R 5.Ramadoss V.R 6.The Superintendent of Police, Ramanthapuram District.
... Respondents
Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents 1 to 3 herein to appoint a Special Officer for the management of the affairs of the Sri Ayyappasamy Temple situate at Muthathipuram Village, Kamuthi Taluk, Ramanathapuram District, by considering the petitioner's representation dated 08.02.2022.
For Petitioner : Mr.R.Murali for Mr.V.Malaiyendran For R1 & R2 : Mr.P.Subbaraj Special Government Pleader For R4 : Mr.V.K.Vijayaragavan For R6 : Mr.T.Amjadkhan Government Advocate
ORDER
The above writ petition is filed for a direction to the respondents 1 to 3 herein to appoint a Special Officer for the management affairs of the Sri Ayyappasamy Temple situated at Muthathipuram Village, Kamuthi Taluk, Ramanathapuram District, by considering the petitioner's representation dated 08.02.2022.
2. Today, Mr.J.Abuthalha, Inspector of Police, Abiramam, Ramanathapuram District, is present before this Court.
3. It is now brought to the notice of this Court that by an order dated 08.03.2023, the first respondent has nominated one N.Murugan, S/o.Naganathan, as the non hereditary trustee of the temple in question. Therefore, the relief that is sought for in this writ petition has been granted. This Court does not intend to comment upon on the merits or otherwise of the case.
4. In the light of the fact that non hereditary trustee has been appointed by the Authority concerned, and he has assumed charge of the affairs of the temple, this writ petition is disposed of. It is needless to state that this order will abide by the ultimate result of the suit now pending in O.S.No.56 of 2022 on the file of the Sub Court, Paramakudi and if there is any disturbance to discharge the duty by the non hereditary trustee or if there is any law and order problem, then, on the request
made by the non hereditary trustee, the concerned jurisdictional police shall give necessary protection to the non hereditary trustee to discharge his duties. No costs.
18.04.2023 NCC : Yes/No Index : Yes/No Internet : Yes cp To 1.The Joint Commissioner Hindu Religious Charitable and Endowments Department Sivagangai District.
2.The Assistant Commissioner Aayiravaisiyar Sabai, Near ITI Vinayagar Kovil, Kenikarai, Ramanathapuram District.
3.The Superintendent of Police, Ramanthapuram District.
P.T.ASHA, J.
cp Dated: 18.04.2023