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Madras High CourtWP(MD)/418/2017allowed

Ananthan, v. The Commissioner

2017-01-10Honourable Mr Justice P. Kalaiyarasan,Honourable Mr Justice A. Selvam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.01.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE P.KALAIYARASAN W.P(MD)No.418 of 2017 Ananthan .. Petitioner Vs.

1.The Commissioner, Hindu Religious and Charitable Endowment Department, 119, Uthamar Gandhi Salai, Nungambakam, Chennai - 34.

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

3.The Executive Officer, Arulmigu Veemanayagiamman Thirukovil, Aathanur, Peravurani Taluk, Thanajavur District.

4.The Revenue Divisional Officer, Pattukottai, Thanjavur District.

5.S.M.A.Arthar .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 1 to 3 to consider petitioner's representation dated 01.11.2016 and to ensure that the annual festivals of The Arulmigu Veemanayagiamman Thirukovil situated at Aathanur Village, Peravurani Taluk, Thanjavur District being conducted without interference of Christian community people belonged to the concerned village.

For Petitioner : Mr.D.R.Murugesan For Respondents : Mr.D.Muruganandam, 1,2 and 4 Additional Government Pleader.

For Respondent No.3 : Mr.M.R.S.Prabhu

ORDER

[Order of the Court was made by A.SELVAM, J.] This writ petition has been filed under Article 226 of the Constitution of India praying to direct the respondents 1 to 3 to consider the representation dated 01.11.2016 and to ensure the annual festival of Arulmigu Veemanayagiamman Thirukovil, Aathanur Village, Peravurani Taluk, Thanjavur District, by way of issuing a writ of mandamus.

2.It is averred in the petition that the petitioner is a resident of Aathanur Village, wherein the temple mentioned in the petition is situate and every year annual festival has to be conducted. But the fifth respondent who is none other than a Christian has used to make interference in conducting festival. Under the said circumstances, a representation has been given on 01.11.2016 to the respondents 1 to 3. But the same has not been considered and therefore the present writ petition has been filed. 3.Mr.D.Muruganandam, learned Additional Government Pleader, has taken notice for the respondents 1, 2 and 4 and Mr.M.R.S.Prabhu, learned counsel, has taken notice for the third respondent.

4.Considering the fact that a representation has been given on 01.11.2016 and the main grievance expressed on the side of the petitioner is that the same has not been considered, the following direction can be given to the respondents 1 to 3. 5.In fine, this writ petition is allowed without costs and the respondents 1 to 3 are strictly directed to look into the representation dated 01.11.2016 and take appropriate action within a period of one week.

Sd/ Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar.

To 1.The Commissioner, Hindu Religious and Charitable Endowment Department, 119, Uthamar Gandhi Salai, Nungambakam, Chennai - 34.

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

3.The Executive Officer, Arulmigu Veemanayagiamman Thirukovil, Aathanur, Peravurani Taluk, Thanajavur District.

4.The Revenue Divisional Officer, Pattukottai, Thanjavur District.

+1CC to M/S.D.R.Murugesan, Advocate, SR.No. 2033 +1CC to the Special Government Pleader, SR.No. 2282 ORDER MADE IN W.P(MD)No.418 of 2017 10.01.2017 smn AM/MPA EM/SAR-3/11.01.2017/2P/7C