Ranjitham. V v. The Joint Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN 1.V.Ranjitham 2.V.Madhavan ... Petitioners /vs./ 1.The Joint Commissioner, HR & CE, B-1, Road, Ellis Nagar, Madurai.

2.The Executive Officer, Sri Arulmigu Kallazhagar Thirukovil, Azhagarkovil Madurai.

3.Periyannan Poosari 4.Vasudevan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st respondent to allow all the legal heirs of the late,Venkataramanpoosari to participate in the upcoming Vandiyur 1/5

Mandagapadi 2024 and consequently for the direction to the 3rd and 4th respondents should not restrain the legal heirs of Venkataraman Poosari in way in participating the Vandiyur Mandagapadi 2024.

For Petitioner : M/s.S.Pavithra For R1 : Mr.P.Subbaraj Special Government Pleader For R2 : Mr.S.Manohar Standing Counsel For R3 : Mr.S.Srikanth

ORDER

Heard M/s.S.Pavithra, learned counsel for the petitioner, Mr.P.Subbaraj, learned Special Government Pleader for the first respondent, Mr.S.Manohar, learned Standing Counsel for the second respondent and Mr.S.Srikanth learned counsel for the third respondent.

2.The petitioner has filed this writ petition at the eleventh hour for a Mandamus to direct the first respondent to allow all the legal heirs of late,Venkataramanpoosari to participate in the upcoming Vandiyur Mandagapadi 2024 and to direct the respondents 3 and 4 not to restrain the legal heirs of Venkataraman Poosari in participating the Vandiyur Mandagapadi 2024. 2/5

3.The writ petition has been filed suppressing the fact that the petitioner had also filed W.P.(MD) No.8894 of 2024 along with her one of the son against the other son and legal heirs of petitioner's late husband, namely Venkatramanpoosari. On 10.04.2024, the said writ petition was dismissed. That apart, it is noticed that the petitioner has also initiated proceedings before the first respondent/Joint Commissioner under Section 63(e) of the HR & CE Act, 1959. Therefore, there is no merit in the writ petition. Therefore this writ petition is liable to be dismissed.

4.Accordingly, the Writ Petition stands dismissed. However, there shall be a direction to the first respondent to dispose of the petition filed under Section 63(e) of the HR & CE Act, 1959, which is said to have been filed before the first respondent on 11.01.2024, as expeditiously as possible, preferably within a period of 3 months from the date of receipt of a copy of this order. No costs. Index : Yes / No 18.04.2024 Internet : Yes / No mm 3/5

To The Joint Commissioner, HR & CE, B-1, Road, Ellis Nagar, Madurai.

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C.SARAVANAN, J.

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