Chandrasekaran.K v. The Assistant Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.06.2023

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA and W.M.P.(MD) Nos.11317 and 11318 of 2023 K.Chandrasekaran .. Petitioner Vs.

1.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Pudukottai.

2.The Tahsildar, Thirumayam, Pudukottai District.

3.The Inspector of Police, Thirumayam Police Station, Pudukottai District.

4.RM.Rajendran .. Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings of the first respondent

herein Na.Ka.No.6512/2022/A2 dated 01.02.2023 and 06.04.2023 and the quash the same and consequently forbear the respondents from interfering with the administration of the petitioner to Arulmighu Avudayanayagi Ambal Sametha Agameswarar Thirukovil, Pillamagalam Village, Thirumayam Taluk, Pudukottai District, and also to the Kumbhasikeam to the said temple to be performed to the said temple on 05.07.2023 or any date.

For Petitioner :

Mr.VR.Shanmuganathan For RR1 to 3 :

Mr.P.Subbaraj Special Government Pleader

ORDER

This writ petition is filed to quash the impugned proceedings of the first respondent in Na.Ka.No.6512/2022/A2 dated 01.02.2023 and 06.04.2023 and consequently forbear the respondents from interfering with the administration of the petitioner to Arulmighu Avudayanayagi Ambal Sametha Agameswarar Thirukovil, Pillamagalam Village, Thirumayam Taluk, Pudukottai District, and also to the Kumbhasikeam to the said temple to be performed on 05.07.2023 or any date.

2. Today, when the matter is taken up for admission, it is informed on instructions that the petition mentioned temple does not come within the purview of the Hindu Religious and Charitable Endowments Department.

3. In view of the above, the passing of the impugned orders is ex facie illegal and without jurisdiction and therefore, the same are set aside. Consequently, this Writ Petition is allowed as prayed for. No costs. Connected miscellaneous petitions are closed. 09.06.2023 NCC : Yes/No Index : Yes/No Internet : Yes abr To 1.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Pudukottai.

2.The Tahsildar, Thirumayam, Pudukottai District.

P.T.ASHA, J.

abr 3.The Inspector of Police, Thirumayam Police Station, Pudukottai District.

Dated: 09.06.2023