Sadaiyappan.S v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.10.2023

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH and W.M.P(MD)No.8395 of 2021 S.Sadaiyappan ... Petitioner Vs

1. The Commissioner, HR & CE Department, Uththamar Gandhi Salai, Nungambakkam, Chennai.

2. The District Collector, Dindigul District, Dindigul.

3. The Joint Commissioner,, HR & CE Department, Seelappadi Post, Dindigul District.

4. The Inspector of Police, Saanaarpatti Police Station, Dindigul District.

5. Shanmuga Sundaram

6. Raja

7. Vellaichamy ... Respondents 1/5

Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to take appropriate action against the respondents 5 to 7 for mismanaging the temples land, revenue and consequentially to direct the respondents 1 to 4 to ensure the petitioner's service as priest in the group of temples comprised Arulmigu Iyyanar Kovil, Karuppasamy Kovil, Kannimar Kovil, Pazhinjiyamman Kovil and Shri. Rottithamburan Kovil at Konapatti Village, Dindigul District in the light of Judgment made in Al.S. No.133 of 1999 on the file of Principal Sub Court Dindigul confirming the order of Trail Court in of O.S. No.1562 of 1996 on the file Addition District Munsif Court, Dindigul. For Petitioner : Mr. V.P.Rajan For Respondents : Mr.N.Ramesh Arumugan (R1, R3) Government Advocate Mr.B.Saravanan (R2) Additional Government Pleader Mr.R.Sivakumar (R4) Government Advocate (Crl.Side) Mr.H.Lakshmi Shankar (R5 to R7) 2/5

O R D E R

This Writ Petition has been filed for issue of writ of mandamus directing the respondents 1 to 4 to consider the representation given by the petitioner on 11.06.2021.

2.When the matter was taken up for hearing today, it is brought to the notice of this Court that already the Assistant Commissioner, HR & CE Department, Dindigul has initiated proceedings for taking over the temple and bring it within the control of the Department. Notice has been issued in this regard and the proceedings are pending. 3.In view of the above, it is left open to the Department to proceed further with the enquiry and as and when the temple comes within the control of the Department, it is left open to the petitioner to make necessary request before the Department. 3/5

4.With the above directions, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 18.10.2023 NCC : Yes/No Internet : Yes/No Index : Yes/No PNM To

1. The Commissioner, HR & CE Department, Uththamar Gandhi Salai, Nungambakkam, Chennai.

2. The District Collector, Dindigul District, Dindigul.

3. The Joint Commissioner,, HR & CE Department, Seelappadi Post, Dindigul District.

4. The Inspector of Police, Saanaarpatti Police Station, Dindigul District. 4/5

N.ANAND VENKATESH, J.

PNM ORDER IN and W.M.P(MD)No.8395 of 2021 18.10.2023 5/5