Madras High CourtREV.APLW(MD)/172/2024disposed of

Muthukumar .M v. The District Collector

2024-09-11Honourable Mr Justice G.R.Swaminathan4 pages

1 REV.APLW.(MD)No.172 of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.09.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN REV.APLW.(MD)No.172 of 2024 IN W.P.(MD)No.8007 of 2024 and W.M.P.(MD)Nos.18241 & 18244 of 2024 M.Muthukumar ... Petitioner /Writ Petitioner Vs.

1. The District Collector, Sivagangai District.

2. The Tahsildar, Ilaiyankudi Taluk, Ilayankudi, Sivagangai District.

3. The Inspector of Police, O/o.Inspector of Police, Ilayankudi police station, Sivagangai District.

4. M.Venkatesan Chettiar, Hereditary Trustee, Arulmigu Muthumariyamman Thayamangalam Thirukovil, Ilayankudi Taluk, Sivagangai District.

5. K.Selvi

6. Pothum Ponnu & Mani ... Respondents/Respondents

2 REV.APLW.(MD)No.172 of 2024 PRAYER : Review Petition filed under Order 47 Rule 1 r/w. Section 114 of CPC., against the judgment dated 05.04.2024 passed by this Court in W.P.(MD)No.8007 of 2024.

For Petitioner : Mr.D.Nallathambi For R-1 & R-2 : Mr.K.Balasubramani, Special Government Pleader.

For R-3 : Mr.B.Thanga Aravindh, Government Advocate.

For R-4 : Mr.T.S.Mohamed Mohideen For R-5&R-6 : Mr.S.Malaikani ***

JUDGMENT

The petitioner in W.P.(MD)No.8007 of 2024 seeks review of the order dated 05.04.2024. Paragraph No.2 of the said order reads as follows:- "2.The issue raised in this writ petition is who can officiate as the poojari for the petition mentioned temple. The Writ Court cannot go into such factual disputes. The only relief that I can grant is that the authorities should keep away and that it is for the parties herein to work out their rights in the manner known to law before the

3 REV.APLW.(MD)No.172 of 2024 jurisdictional Civil Court or before the authorities under Section 63 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959."

2. The learned counsel appearing for the review applicant points out that the case on hand pertains to the appointment of Poojari for the temple. It is the trustee who is competent to make appointment under Section 55 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959. The question of going before the Court or the authority under Section 63 of the Act does not arise at all.

3. I fully endorse the stand taken by the review applicant. The issue is left to the discretion of the fourth respondent. This review application is disposed of on these terms. No costs. Consequently, connected miscellaneous petitions are closed.

11.09.2024 Index : yes/No Internet:Yes/No PMU

4 REV.APLW.(MD)No.172 of 2024 G.R.SWAMINATHAN,J.

PMU To

1. The District Collector, Sivagangai District.

2. The Tahsildar, Ilaiyankudi Taluk, Ilayankudi, Sivagangai District.

3. The Inspector of Police, O/o.Inspector of Police, Ilayankudi police station, Sivagangai District.

REV.APLW.(MD)No.172 of 2024 IN W.P.(MD)No.8007 of 2024 11.09.2024