Madras High CourtWP(MD)/14331/2024disposed of

Tanikodi. P v. The Joint Commissioner

2024-07-02Honourable Mr Justice C. Saravanan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN P.Tanikodi ... Petitioner Vs.

The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Sivagangai-Ramanathapuram Districts, Sivagangai.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct the respondent to dispose of the petitioner's representation dated 13.03.2023 filed under section 63 of TNHR&CE Act to declare the 'A/m.Thondi Amman Temple' as community temple in accordance with law.

For petitioner : Mr.Raja.Karthikeyan For respondent : Mr.P.Subbaraj Special Government Pleader ***** 1/5

ORDER

Heard learned counsel for the petitioner and learned Special Government Pleader for the respondents.

2. This Writ Petition has been filed for directing the respondent to dispose of the petitioner's representation dated 13.03.2023 filed under section 63 of TNHR&CE Act to declare the 'A/m.Thondi Amman Temple' as community temple

3. The case of the petitioner is that the petitioner has filed a representation dated 13.03.2023 under Section 63 of TNHR&CE Act, 1959 regarding the eviction of encroachers in the land in the said temple premises comprised in survey No.57/1, situated at Thondi Village, Thiruvadanai, Ramanathapuram, measuring 11 acres, is pending before the respondent.

4. Relevant portion of the representation dated 13.03.2023 filed by the petitioner to the Joint Commissioner reads as under: 2/5

5. This Writ Petition that has been filed for a direction to the respondent/Joint Commissioner to consider the petitioner's representation in the form cannot be ordered as the petitioner has to file a proper petition under Section 63 of the TNHR&CE Act, 1959. Therefore, there cannot be issued positive direction. Thus, Mandamus cannot be issued. However, the petitioner is entitled 3/5

to work out his remedy in the manner known to law either by filing a suit for declaring that the aforesaid temple is denominational temple before the Court of competent jurisdiction after due notice to all the parties concerned including TNHR&CE Department or in the alternative filing a suitable application for framing scheme under 64(1) of TNHR&CE Act, 1959, in which case also, notice to the concerned parties should be issued before such orders are passed. With above liberty, this Writ Petition stands disposed of. No costs. Index : Yes / No 02.07.2024 Internet : Yes / No apd To The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Sivagangai-Ramanathapuram Districts, Sivagangai.

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C.SARAVANAN, J.

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