Madras High CourtWP(MD)/11154/2024dismissed with cost

Vairavel .P v. The Commissioner

2024-05-08Honourable Mr Justice P. Velmurugan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.05.2024

CORAM:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P.(MD).No.11154 of 2024 P.Vairavel ... Petitioner Vs1.The Commissioner, HR & CE Department, No.119, Uthamargandi Street, Nungambakkam, Chennai.

2.The Joint Commissioner, HR & CE Department, Neeligireswarar Thoppu, Teppakulam, Tiruchirappalli.

3.The Assistant Commissioner, HR & CE Department, Neeligireswarar Thoppu, Teppakulam, Tiruchirappalli.

4.The Executive Officer, Sengulathan Kulandayi Amman Temple, Near Old Police Station, 7th Cross, Thillainagar, Tiruchirappalli.

5.V.Thangavel Pillai 6.N.Rengaraja Pillai 7.P.Sappaniya Pillai 8.K.P.Manoharan ... Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the 2nd respondent to 1/4

consider the petitioner's representation dated 30.04.2024 and pass appropriate orders within a time frame stipulated by this Court and consequently, directing the 4th respondent to conduct the car festival for both the deities. For Petitioner : Mr.S.Venkatesh For R1 to R3 : Mr.M.Siddharthan, Additional Government Pleader For R4 : Dr.C.Gunaseela Ruban For R5 to R8 : Mr.B.Jameel Arasu

ORDER

This Writ Petition is filed, seeking for Writ of Mandamus, to direct the 2nd respondent to consider the petitioner's representation dated 30.04.2024 and pass appropriate orders within a time frame stipulated by this Court and consequently, to direct the 4th respondent to conduct the car festival for both the deities.

2.Mr.M.Siddharthan, learned Additional Government Pleader takes notice for the respondents 1 to 3, Dr.C.Gunaseela Ruban, learned counsel takes notice for the 4th respondent and Mr.B.Jameel Arasu, learned counsel takes notice for the respondents 5 to 8.

3.By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

2/4

4.It is submitted by the learned counsel for the 4th respondent and the learned counsel for the respondents 5 to 8 that the temple called 'Arulmigu Pattathu Mariamman Temple' at Anandhapuram is under the administration of the 4th respondent and the temple called 'Arulmigu Muthukan Mariamman Temple at Nithyanandhapuram belongs to the private respondents, ie., respondents 5 to 8 and without consultation of either the 4th respondent or the trustees of the private temple, the petitioner has printed the invitation. 5.A perusal of the invitation shows that the festival would be performed for both the temples and the petitioner has filed this Writ Petition for some fictitious cause of action and therefore, the same is not maintainable. Accordingly, this Writ Petition is dismissed with exemplary cost of Rs.50,000/- (Rupees Fifty Thousand Only) to the credit of High Court Legal Services Authority attached with this Bench on or before 07.06.2024. 6.Post for reporting compliance on 11.06.2024. 08.05.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva 3/4

P.VELMURUGAN, J.

Yuva To 1.The Commissioner, HR & CE Department, No.119, Uthamargandi Street, Nungambakkam, Chennai.

2.The Joint Commissioner, HR & CE Department, Neeligireswarar Thoppu, Teppakulam, Tiruchirappalli.

3.The Assistant Commissioner, HR & CE Department, Neeligireswarar Thoppu, Teppakulam, Tiruchirappalli.

08.05.2024 4/4