Vasantha Ramasamy v. The Hindu Religious And Charitable Endowment Department,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH Vasantha Ramasamy ... Petitioner -vs1.The Hindu Religious and Charitable Endowment Department, Rep. by its Commissioner, Nungampakkam, Chennai. 2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Madurai.

3.The Deputy Commissioner / Executive Officer, Sri Kallazhgar Temple Azhagar Kovil, Madurai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to receive the Mandagapadi fees from the petitioner for the year 2025 for performing Mandagapadi during the arrival and return of Lord Kallagar during the auspicious Chithirai Festival on 11th, 12th and 15th of May, 2025 at Vasantha Ramasamy Mandapam, situated at Outpost, Tallakulam, Madurai District. For Petitioner : Mr.M.Mahaboob Fazil for M/s.Roy and Roy Associates

For Respondents : Mr.K.S.Selva Ganesan Additional Government Pleader

ORDER

This Writ Petition has been filed seeking a direction to the respondents to receive the Mandagapadi fees from the petitioner for the year 2025 for performing Mandagapadi during the arrival and return of Lord Kallagar during the auspicious Chithirai Festival on 11th, 12th and 15th of May, 2025 at Vasantha Ramasamy Mandapam, situated at Outpost, Tallakulam, Madurai District.

2. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

3. Seeking acceptance of the Mandagapadi fees from the petitioner for the year 2025, for performing Mandagapadi during the arrival and return of Lord Kallagar as part of the auspicious Chithirai Festival on 11th, 12th and 15th of May, 2025 at Vasantha Ramasamy Mandapam, situated at Outpost, Tallakulam, Madurai District, the petitioner submitted a representation dated 24.03.2025 to the second respondent. As the said representation has not been considered till date, the petitioner has filed the present Writ Petition.

4. 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 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.

5. In the light of the above observations, there shall be a direction to the third respondent herein to consider the petitioner's representation dated 24.03.2025, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, within a period of one week from today. 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 third respondent to consider the same on its own merits.

6. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs.

NCC : Yes / No 22.04.2025 Index : Yes / No smn2 Note:

- Issue order copy on 24.04.2025 To:- 1.The Commissioner, The Hindu Religious and Charitable Endowment Department, Nungampakkam, Chennai.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Madurai.

3.The Deputy Commissioner / Executive Officer, Sri Kallazhgar Temple Azhagar Kovil, Madurai District.

VIVEK KUMAR SINGH , J.

smn2 22.04.2025