P.Essakki Muthu@Ravi v. The Commissioner,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.03.2022
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN P.Essakki Muthu @ Ravi, Hereditary Trustee, Arulmigu Mariamman Thirukkovil Along with sub temples Arulmigu Kaliamman, Arulmigu Karuppasamy Arulmigu Selliaramman temple, Sattur.
... Petitioner Vs.
1.The Commissioner, Hindu Religious and Charitable Endowments Board, Uthama Gandhi Salai, Chennai.
2.The Joint Commissioner, Office of the Joint Commissioner, Hindu Religious and Charitable Endowments Board, Thirupathur Road, Sivagangai.
3.The Assistant Commissioner (Administration), Hindu Religious and Charitable Endowments Board, Virudhunagar, Virudhunagar District.
4.The Deputy Superintendent of Police, Sattur, Virudhunagar District.
5.The Sub Inspector of Police, Sadayampatti Rural Police Station, Sattur, Virudhunagar District.
6.S.Muthuraj ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 5 herein to take immediate action against the 1/3
sixth respondent to hand over the keys of the temple and documents pertaining to Arulmigu Karuppaswamy temple along with Arulmigu Ayyanar temple, Sattur, Virudhunagar District to the petitioner within the time stipulated by this Court.
For Petitioner : Mr.M.Laxmi Mahendraa For R1 to R5 : Mr.P.Subbaraj, Special Government Pleader.
For R6 : Mr.S.Vellaichamy
ORDER
The petitioner was appointed as a hereditary trustee of the Arulmigu Mariamman Thirukkovil, Sattur, Virudhunagar District, by the proceedings of the second respondent on 24.01.2005. After the petitioner was appointed as a hereditary trustee, the petitioner took steps to dismiss the sixth respondent as a poojari. 2.It is the specific case of the petitioner that the third respondent has acquired the temple property and has initiated proceedings against the petitioner. Despite the same, the sixth respondent has refused to hand over the keys and therefore, the writ petition has been filed.
3.It is noted that the petitioner has an alternate remedy by approaching the authority under the Hindu Religious and Charitable Endowments Department. It is therefore open for the petitioner to approach the Hindu Religious and Charitable Endowments Department and the Police Department for recovering the keys of the temple from the sixth respondent. The petitioner is also given liberty to approach the authorities concerned within a period of four weeks from the date of receipt of copy of this order. The concerned authorities shall receive the application and take steps and dispose the same within a period of two weeks thereafter. 4.The writ petition stands disposed of with the above observations. No costs.
Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) 2/3
To 1.The Commissioner, Hindu Religious and Charitable Endowments Board, Uthama Gandhi Salai, Chennai.
2.The Joint Commissioner, Office of the Joint Commissioner, Hindu Religious and Charitable Endowments Board, Thirupathur Road, Sivagangai.
3.The Assistant Commissioner (Administration), Hindu Religious and Charitable Endowments Board, Virudhunagar, Virudhunagar District.
4.The Deputy Superintendent of Police, Sattur, Virudhunagar District.
5.The Sub Inspector of Police, Sadayampatti Rural Police Station, Sattur, Virudhunagar District.
+1 CC to M/s.M.LAXMI MAHENDRA, Advocate ( SR-12784[F] dated 17/03/2022 ) +1 CC to M/s.M.V.VENKATASESHAN, Advocate ( SR-12616[F] dated 17/03/2022 ) +1 CC to M/s.SPL GP ( SR-12726[F] dated 17/03/2022 ) 16.03.2022 RS(29.03.2022) 3P-9C 3/3