Chenthoor Pandian v. The Joint Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH Chenthoor Pandian : Petitioner Vs.
1. The Joint Commissioner, Joint Commissioner Office, Hindu Religious and Charitable Endowments Department, Palayamkottai, Tirunelveli District.
2. The Executive Officer, Hindu Religious and Charitable Endowments Department, Chithur Arulmighu Maharaseswarar Temple, Arulmighu Varakukunapandeeshwarar Temple, Radhapur.
: Respondents PRAYER: Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents not to distribute the present invitation and consequently direct the respondents to print and circulate the invitation by including the name of the Kattalaidharars in their respective kattalai which was practiced for the past more than two centuries based on the representation dated 26.03.2025 within a stipulated period as fixed by this Honourable Court. 1/6
For Petitioner : Mr.K.Rajeshwaran For Respondents : Mr.K.S.Selvaganesan Additional Government Pleader
O R D E R
This Writ Petition has been filed seeking a direction to the respondents respondents not to distribute the present invitation and consequently direct the respondents to print and circulate the invitation by including the name of the Kattalaidharars in their respective kattalai which was practiced for the past more than two centuries, based on the representation dated 26.03.2025.
2. Heard the learned counsel for the parties. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.
3. The petitioner claims that the Panguni Uthira Festival is conducted annually for 11 days in Arulmighu Thenkarai Maharaseswarar Temple. For the current year, the festival is scheduled to take place from 03.04.2025 to 13.04.2025. The petitioner asserts that the festival is celebrated by various community members (Kattalaidhars), who sponsor 2/6
the festival on their respective dates. The grievance of the petitioner is that the names of the Kattalaidhars have traditionally been printed in the invitation as a customary practice, however, in the present year, the names of the Kattalaidhars were not included in the invitation. In this regard, the petitioner submitted a representation dated 26.03.2025 to the respondents, requesting that the names of the Kattalaidhars be printed in the invitation. As no action was taken on the representation, the petitioner has now filed the present writ petition. 4.The learned counsel for the petitioner would submit that, it would suffice, if this Court issues a direction to the respondents to consider the representation of the petitioner dated 26.03.2025 and pass appropriate orders, before the Panguni Festival scheduled from 03.04.2025 to 13.04.2025.
5. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority 3/6
would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.
6. In the light of the above observations, there shall be a direction to the respondents to consider the petitioner's representation dated 26.03.2025, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, as well as all other persons, who may be interested in the subject matter, as expeditiously as possible. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the respondents to consider the same on its own merits.
7. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs. 02.04.2025 Index : Yes / No Internet : Yes / No PKN 4/6
To
1. The Joint Commissioner, Joint Commissioner Office, Hindu Religious and Charitable Endowments Department, Palayamkottai, Tirunelveli District.
2. The Executive Officer, Hindu Religious and Charitable Endowments Department, Chithur Arulmighu Maharaseswarar Temple, Arulmighu Varakukunapandeeshwarar Temple, Radhapur.
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VIVEK KUMAR SINGH, J.
PKN W.P.(MD) No.9267 of 2025 02.04.2025 6/6