Madras High CourtWP(MD)/13062/2016disposed of

K.Palaniyandi v. The District Collector

2016-07-26Honourable Mr Justice M. Venugopal3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 26.07.2016

CORAM

THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P(MD)No.13062 of 2016 K.Palaniyandi ..Petitioner Vs 1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Commissioner, Hindu Religious Charitable and Endowment Board, Nungambakkam, Chennai.

3.The Revenue Divisional Officer, Pudukkottai District, Pudukkottai.

4.The Executive Officer, Pudukkottai Thirukovilagal, Pudukkottai.

..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 permit the Petitioner to participate and accept the offerings in all the festivals of Sri Arulmighu Ayyanar Temple situated at Parambur, Pudukkottai District, treating him on par with the other community people by considering the Petitioner's representation dated 21.07.2016 within the time stipulated by this Court.

For Petitioner : M/s.M.Natarajan For Respondents :Mr.V.Muruganandam 1 to 3 Addl.Govt.Pleader For Respondent-4 :Mr.G.Madhavan

ORDER

Heard both sides.

2.By consent of both sides, the main Writ Petition itself is taken up for final disposal.

3.No counter is filed on behalf of the Respondents. 4.According to the Petitioner, he has filed the present Writ Petition praying for passing of an order by this Court in directing the Respondents to permit him to participate and accept the offerings in all the festivals of Sri Arulmighu Ayyanar Temple situated at Parambur, Pudukkottai District, treating him on par with the other community people by considering the Petitioner's representation, dated 21.07.2016. 5.The grievance of the Petitioner is that this year also, the village community had convened a meeting on 17.07.2016 and decided to conduct the festival from 24.07.2016. Therefore, the Petitioner had approached the Respondents and the Village community to join them in the temple festival. But they declined. Therefore, he made a representation, dated 21.7.

2016 addressed to the Fourth Respondent/The Executive Officer, Pudukkottai Thirukovilagal, Pudukkottai, seeking to allow them to participate in the festival. Since his representation has not met with any positive response, he has filed the present Writ Petition before this Court.

6.At this stage, on behalf of the Respondents, it is brought to the notice of this Court that on an earlier occasion, the Petitioner, on behalf of the Kurumbar community people projected an application/petition on 5.8.2014 and ultimately, the Fourth Respondent had passed an order on 6.2.2015, rejecting the request made by the Petitioner to conduct the Mandagapadi Festival. 7.Be that as it may, it also comes to light that the Petitioner on an earlier occasion had projected a Writ Petition in W.P(MD)No.15185 of 2014 before this Court against the District Collector, Pudukkottai District, Pudukkottai and 3 others and this Court, on 12.09.2014, had directed the Fourth Respondent/The Executive Officer, Pudukkottai Thirukovilagal, Pudukkottai therein, to consider his representation on merits and in accordance with Law, after issuing notice to all persons who are likely to be affected, if any order is passed by the Fourth Respondent etc.

8.Considering the fact that the Petitioner has addressed a representation, dated 21.7.2016 to the Fourth Respondent/The Executive Officer, Pudukkottai Thirukovilagal, Pudukkottai and the

same is pending without any disposal or progress, at this stage, this Court, without expressing any opinion on the merits and contents of the representation of the Petitioner, dated 21.7.2016, simply directs the Fourth Respondent to look into the representation of the Petitioner, dated 21.7.2016 and dispose of the same by passing a reasoned speaking order in a free, fair and dispassionate manner(of course after providing necessary opportunity to the Petitioner and others concerned, if any, by adhering to the principles of natural justice in true letter and spirit) within a period of two weeks from the date of receipt of a copy of this order.. It is open to the Petitioner to produce copies of all necessary/relevant documents before the Respondent No4 and who in turn shall take into consideration of the same at the time of disposal of the representation of the Petitioner, dated 21.7.2016.The Petitioner is directed to lend his assistance and co-operation to the Respondent No.4 in disposing of his representation, dated 21.07.2016.

9.With the aforesaid observations and directions, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(W) /True copy/ Sub Assistant Registrar To 1.The District Collector, Pudukkottai District, Pudukkottai. 2.The Commissioner, Hindu Religious Charitable and Endowment Board, Nungambakkam, Chennai.

3.The Revenue Divisional Officer, Pudukkottai District, Pudukkottai.

4.The Executive Officer, Pudukkottai Thirukovilagal, Pudukkottai.

+1 cc to M/s.G.Mathavan, Advocate in SR.No.39597 +1 cc to M/s.M.Natarajan, Advocate in SR.No.39391 +1 cc to The Special Government Pleader in SR.No. 39732 vsn CSL/ARK-PV/02.08.2016 :3p/8c W.P(MD)No.13062 of 2016 26.07.2016