Madras High CourtWP(MD)/21281/2015dismissed

M. Jeya Prakash v. The Secretary

2018-09-25Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice N. Sathish Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.09.2018

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.(MD)No.21281 of 2015 and M.P.(MD).Nos.1 and 2 of 2015 M.Jeya Prakash ... Petitioner Vs.

1.The Secretary, Secretariat, Chennai-9.

2.The Commissioner, Chennai.

3.The Joint Commissioner, Madurai.

4.The Assistant Commissioner, Madurai.

5.The District Collector, Madurai District, Madurai.

6.The Commissioner of Police, Madurai City, Madurai.

7.Muthukumar 8.Ravichandran 9.M.Muthuramalingam ... Respondents (R9 is impleaded vide order dated 12.09.2018 in W.M.P.(MD).No.17531/18)

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 to 6 owing to maintain the sanctity and serenity of Arulmighu Maha Ganapathi and Arulmighu Peachi Amman Temple and its properties belong to 9 Sections of Maravar Community "Kodivazhi Jabitha" situated in Periya Maravar Chavadi Street, Madurai City, either by appointing a Special Officer or entrust with the 9 member Committee of Maravar Maha Sabai Trust, duly registered in No.201500137 for the spiritual upliftment and bliss of the devotees and subsequently to take appropriate action against the respondents 7 and 8 for their act of maladministration the said temples and misappropriating its properties, by considering the petitioner's representation dated 12.11.2015 within the stipulated time fixed by this Court.

For Petitioner : Mr.R.Murali for Mr.S.Premkumar For R1 to R6 : Mr.A.K.Baskarapandian Special Government Pleader For R7 & R8 : Mr.R.V.Rajkumar For R9 : Mr.Niranjan S.Kumar

O R D E R

[Order of the Court was made by M.M.SUNDRESH,J.] It appears that the writ petition filed by the petitioner is not maintainable as on today, from the submissions made by the learned Special Government Pleader that the Temples in question are not under the Hindu Religious and Charitable Endowment Department. Therefore, the remedy open to the petitioner is only to file a suit, if he is so advised. Hence, this petition is dismissed. However, this order will not stand in the way of Official respondents to take appropriate action. We make it very clear that we are not saying anything on the genuineness of the petitioner's trust. No costs. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (RTI) // True Copy // Sub Assistant Registrar(CS-I) To 1.The Secretary, Secretariat, Chennai-9.