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Madras High CourtWP(MD)/10826/2016closed

K.K.Kanthiah, S/O.Krishnan v. The Joint Commissioner

2016-09-02Honourable Dr. Justice S. Vimala3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.09.2016

CORAM:

THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD)No.10826 of 2016 and W.M.P.(MD)Nos.8398 and 8399 of 2016 K.K.Kanthiah ... Petitioner Vs.

1.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Trichy.

2.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Pudukkottai District.

3.The Takkar / Executive Officer, Arulmigu Muthumariamman Thirukoil, Konnaiyur, Thirumayam Taluk, Pudukkottai District.

4.The Superintendent of Police, Pudukkottai District, Pudukkottai.

5.The Thasildar, Thirumayam Taluk, Pudukkottai District.

6.The Inspector of Police, K.Puthupatti Police Station, Thirumayam Taluk, Pudukkottai District.

7.Veerasamy 8.Govindasamy 9.Meiyanathan ... Respondents Prayer:

Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to form a committee consisting of the neutral men to perform the Kumbabisekam of Sri Abimanamkatha Ayyanar Temple in K.Rayavaram Village, Thirumayam Taluk, Pudukkottai District.

For Petitioner : Mr.K.Baalasundharam For Respondents : Mr.R.Karthikeyan, AGP for R1,2, 4 and 6 Mr.G.Madhavan for R3 Mr.K.R.Singaravadivel for R7 to 9

O R D E R

The Writ petition has been filed, seeking direction to the respondents 1 and 2 to form a committee, consisting of a neutral person to perform the Kumbabisekam of Sri Abimanamkatha Ayyanar Temple in K.Rayavaram Village, Thirumayam Taluk, Pudukkottai District.

2.Earlier, this Court by order dated 06.07.2016 appointed Mr.B.Balachender (Enrl.No.3049/2011) as an Advocate Commissioner to supervise the performance of Kumbabisekam in the above said temple to be held from 09.07.2016 to 11.07.2016. 3.Today, when the matter is taken up for hearing, the learned Advocate Commissioner has filed a report along with the details of expenditure.

4.Now it is submitted by the learned Advocate Commissioner that he was available for the above said job right from 7.00 a.m. to 10.00 p.m. from 09.07.2016 to 11.07.2016 and the expenditure itself comes to Rs.14,750/-. Hence, he prayed a sum of Rs.40,000/- as additional fees.

5.Heard the learned counsel appearing for the petitioner, the learned Additional Government Pleader appearing for the respondents 1, 2, 4 to 6 and the learned counsel appearing for the respondents 7 to 9.

6.The learned counsel appearing for the petitioner agreed to pay a sum of Rs.40,000/- as additional fees to the learned Advocate Commissioner and the learned Advocate Commissioner also agrees for the same.

7.Under such circumstances, recording the learned Advocate Commissioner's report, the Writ petition is disposed of directing the petitioner to pay a sum of Rs.40,000/- as additional fees to the learned Advocate Commissioner, within a period of three days from the date of receipt of a copy of this order. No costs. Consequently, connected W.M.Ps.are closed.

Sd/- Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar

To 1.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Trichy.

2.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Pudukkottai District.

3.The Takkar / Executive Officer, Arulmigu Muthumariamman Thirukoil, Konnaiyur, Thirumayam Taluk, Pudukkottai District.

4.The Superintendent of Police, Pudukkottai District, Pudukkottai.

5.The Thasildar, Thirumayam Taluk, Pudukkottai District.

6.The Inspector of Police, K.Puthupatti Police Station, Thirumayam Taluk, Pudukkottai District.

Copy To:

Mr.B.Balachender, Advocate Commissioner, 6, Law Chambers Madurai Bench of Madras High Court, Madurai.

+1 cc to M/S.K.Baalasundharam, Advocate in SR.No. 50769 nbj CSL/SS-3/SAR-III/12.09.2016: 3P/9C ORDER MADE IN W.P(MD)No.10826 of 2016 02.09.2016