Annadurai v. The Assistant Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2023

CORAM

THE HONOURABLE Ms.JUSTICE P.T.ASHA and W.M.P.(MD) No.9519 of 2023 Annadurai ... Petitioner /vs./ 1.The Assistant Commissioner, Paramakudi, Ramanathapuram District.

2.The Executive Officer, Shellamani Vinayagar Thirkkovil, 3.The Tahsildar, Devakottai Taluk Office, 4.The Inspector of Police, Devakottai Police Station, Devakottai, Sivagangai District.

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5.Naganathan 6.The Joint Commissioner, Sivagangai.

(R6 has been suo motu impleaded vide order dated 28.04.2023) ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 and 2 to ensure that the petitioner is allowed to continue as a Poosari of Arulmighu Sudalaimadasamy and Manjanai Pechiamman Thirukkovil Eravuseri Devakottai Thirkkovil Devakottai as usual by considering the representation dated 06.02.2022 within the time stipulated by this Court.

For Petitioner : Mr.A.Shajahan For R1 to R4 : Mr.P.Subbaraj Special Government Pleader

ORDER

The above writ petition has been filed for the issue of a Writ of Mandamus directing the respondents 1 and 2 to ensure that the petitioner is allowed to continue as Poosari of Arulmighu Sudalaimadasamy and Manjanai Pechiamman Thirukkovil Eravuseri Devakottai Thirkkovil Devakottai as usual by considering the representation dated 06.03.2023.

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2.Heard Mr.A.Shajahan, learned counsel appearing for the petitioner and Mr.P.Subbaraj, learned Special Government Pleader appearing for the respondents 1 to 4.

3.Considering the facts and circumstances of the case, this Court for the purpose of issuing direction is suo motu impleading the Joint Commissioner, Hindu Religious Charitable and Endowment Board, Sivagangai, who is the competent authority to consider the representation of the petitioner, as sixth respondent. The relief that is sought for by the petitioner in the above writ petition is to consider his representation dated 06.03.2023, wherein he has requested the respondents 1 and 2 to ensure him continuing as Poosari of the temples referred supra.

4.Considering the limited relief sought for, the Writ Petition is allowed with a direction to the sixth respondent to consider the representation of the petitioner dated 06.03.2023 given by the petitioner and dispose of the same within a period 3/6

of two weeks from the date of receipt of a copy of this order. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed. Speaking : Yes / No 28.04.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm Note :

Registry is directed to carry out necessary amendment and after carry out necessary amendment issue order copy on 28.04.2023.

To 1.The Assistant Commissioner, Paramakudi, Ramanathapuram District.

2.The Executive Officer, Shellamani Vinayagar Thirkkovil, 4/6

3.The Tahsildar, Devakottai Taluk Office, 4.The Inspector of Police, Devakottai Police Station, Devakottai, Sivagangai District.

5.The Joint Commissioner, Sivagangai.

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P.T.ASHA, J.

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