Pandiyaraman N K v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN N.K.Pandiyaraman ... Petitioner /vs./ 1.The Commissioner, Hindu Religious & Charitable Endowments Department, Chennai.

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

3.The Assistant Commissioner, Hindu Religious & Charitable Endowments Department, Pudukkottai District.

4.The Inspector, Hindu Religious & Charitable Endowments Department, Aranthangi Veeramahakali Amman Kovil, Aranthangi Taluk, Pudukkottai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 and 2 to grant 1/5

permission to renovate the temples and performing the Kumbabisegam by the petitioner and other hereditary trustee of the temples of Arulmighu Sri Periya Ayyanar Temple, Muthumari Amman and Pidari Amman Temples situate at Idaiyathimangalam Village, Manamelkudi Taluk, Pudukkottai District within a time frame fixed by this Court.

For Petitioner : Mr.A.Aruljenifer for M/S.KBS Law Office For Respondents : Mr.P.Subbaraj Special Government Pleader

ORDER

Heard Mr.A.Aruljenifer for M/S.KBS Law Office, learned counsel for the petitioner and Mr.P.Subbaraj, learned Special Government Pleader for the respondents.

2.The petitioner has filed this writ petition for a Mandamus to direct the respondents 1 and 2 to grant permission to renovate the temples and perform Kumbabisegam by the petitioner and other hereditary trustee of the temples of Arulmighu Sri Periya Ayyanar Temple and Muthumari Amman and Pidari Amman Temples situate at Idaiyathimangalam Village, Manamelkudi Taluk, Pudukkottai District.

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3.The learned Special Government Pleader for the respondents would submit that the petitioner is not a hereditary trustee and that he is the son of one of the hereditary trustees of the 10 hereditary trustees. 4.The learned counsel for the petitioner, on the other hand, would submit that the petitioner's father has passed away on 25.09.2014. To that effect, he has produced a copy of the letter of the Tahsildar, Manamelkudi, dated 09.01.2015, wherein it has been stated that the petitioner's father has passed away on 25.09.2014. It also states that the petitioner is the only legal heir. 5.Be that as it may, the petitioner can be recognized as per the decision of this Court rendered in Prem Anand Vs. The Commissioner, Hindu Religious and Charitable Endowments, Madras and another reported in (1990) 1 LW 144.

Therefore, the respondents shall consider the representation of the petitioner dated 02.06.2023 and dispose of the same within a period of 8 weeks from the date of receipt of a copy of this order. Needless to state that before giving any permission, the other hereditary trustees shall be heard.

6.With the above directions, this Writ Petition stands disposed of. No costs. Index : Yes / No 12.07.2024 Internet : Yes / No mm To 1.The Commissioner, Hindu Religious & Charitable Endowments Department, Chennai.

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

3.The Assistant Commissioner, Hindu Religious & Charitable Endowments Department, Pudukkottai District.

4.The Inspector, Hindu Religious & Charitable Endowments Department, Aranthangi Veeramahakali Amman Kovil, Aranthangi Taluk, Pudukkottai District.

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C.SARAVANAN, J.

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