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Madras High CourtWP(MD)/14910/2021disposed of

K.P.Kumar v. The Commissioner

2021-08-24Honourable Mr Justice Senthilkumar Ramamoorthy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.08.2021

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY K.P.Kumar ... Petitioner Vs.

1.The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai-600 034.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Thanjavur.

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

4.The Inspector, Hindu Religious and Charitable Endowments Department, Thirumayam Kottai, Thirumayam, Pudukottai District.

... 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 to organize a religious (Kumbabisegam) Committee including the 11 members of the petitioner's villagers selected members under the head of the Assistant Commissioner of the Hindu Religious and Charitable Endowments Department for enabling conduct kumbabisegam at the Arulmigu Kuttiandavar Vagaiyara Temple at Vambarampatti, Thirumayam Taluk, Pudukottai District, in the light of representation dated 16.07.2021. For Petitioner :

Mr.A.Murali Kumar For Respondents :

Mr.R.Baskaran, Counsel for State

ORDER

The petitioner seeks the inclusion of 11 members from his Village in the Kumbabisegam Committee in respect of the Arulmigu Kuttiandavar Vagaiyara Temple at Vambarampatti, Thirumayam Taluk, Pudukottai District.

2. According to the petitioner, the aforesaid Temple was constructed more than 80 years back but no Kumbabisegam was 1/3

conducted in accordance with the Agama Rules. It is stated that the first respondent issued proceedings dated 23.07.2021 for the conduct of Kumbabisegam at the aforesaid Temple. In such circumstances, the petitioner submitted the representation dated 16.07.2021 seeking the inclusion of 11 members from the petitioner's Village. The present Writ Petition is filed on account of the non-consideration of such representation.

3. Mr.R.Baskaran, learned counsel for the State, accepts notice on behalf of all the respondents. He submits that the petitioner's representation may be considered and disposed of on merits.

4. The documents on record include the proceedings dated 23.07.2021 of the first respondent. Such proceedings indicate that a decision was taken with regard to the renovation of the Temple in question. The petitioner has also enclosed a copy of the Resolution passed by the Trustees of the aforesaid Temple. The petitioner has requested for the inclusion of 11 members from his Village in the aforesaid facts and circumstances.

5. Given the limited scope of the relief claimed in the present writ petition, it is not necessary to go into the merits of the matter. Accordingly, without going into the merits of the matter, the third respondent herein is directed to consider the petitioner's representation dated 16.07.2021 and dispose of the same by a reasoned order after providing a reasonable opportunity to the petitioner and any others who would be affected by such decision. Such reasoned order shall be passed within a period of three (3) months from the date of receipt of a copy of this order.

6. Accordingly, W.P.(MD).No.14910 of 2021 is disposed of on these terms without any order as to costs.

Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) tsg Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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To 1.The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai-600 034.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Thanjavur.

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

4.The Inspector, Hindu Religious and Charitable Endowments Department, Thirumayam Kottai, Thirumayam, Pudukottai District.

+1 CC to M/s.SPL GP (SR-27183[F] dated 25/08/2021) +1 CC to M/s.A.MURALIKUMAR, Advocate (SR-27498[F] dated 26/08/2021) 24.08.2021 DJ(CO) SB(01.09.2021) 3P 7C 3/3