P.Balakrishnan v. The Commissioner,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.09.2016 C O R A M THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)No.19008 of 2016 and WMP.(MD)No.13739 of 2016 P.Balakrishnan ..Petitioner Vs.
1. The Commissioner, Hindu Religious and Charitable Endowment Department, Government of Tamil Nadu, Chennai.
2. The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Madurai.
3. The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Madurai.
4. The Executive Officer, Arulmighu Sri Kallalagar Soundararaja Perumal Swamy Temple, Alagar Kovil, Madurai District.
..Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the fourth respondent to receive the fees from the petitioner for conducting Thirukkan Mandagapadi at Door Number 75, Alagar Kovil Road, Goripalayam, Madurai - 625 002 for the Purattasi festival of Arulmighu Sri Kallalagar Soundararaja Perumal Swamy Temple, Alagakovil for the year, 2016.
For Petitioner : Mr.J.Barathan For R-1 to R-3 : Mr.J.Gunaseelan Muthiah Government Advocate For R-4 : Mr.S.Manohar ***
O R D E R
This Writ Petition has been filed seeking a direction to the fourth respondent to receive the fees from the petitioner for conducting Thirukkan Mandagapadi at Door Number 75, Alagar Kovil Road, Goripalayam, Madurai-625 002, for the Purattasi festival of Arulmighu Sri Kallalagar Soundararaja Perumal Swamy Temple, Alagakovil for the year 2016.
2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents 1 to 3 and the learned counsel appearing for the fourth respondent.
3. By consent, the Writ Petition itself is taken up for final disposal.
4. The petitioner filed an application on 28.09.2016 before the fourth respondent/Executive Officer, for conducting Thirukkan Mandagapadi at Door Number 75, Alagar Kovil Road, Goripalayam, Madurai-625 002, for the Purattasi festival of Arulmighu Sri Kallalagar Soundararaja Perumal Swamy Temple, Alagakovil for the year 2016.
5. According to the petitioner, the petitioner is entitled to conduct the Thirukkan Mandagapadi as per rotation for this year. Even in the last year, when the similar application was made before the fourth respondent, no orders passed, hence, the petitioner approached this Court and this Court passed an order dated 15.04.2016 in W.P.No.6243 of 2016, permitting him to perform the Mangapadi on payment of necessary fees. This year, the petitioner filed the application before the fourth respondent. But the fourth respondent has not passed any order so far. Hence, the present petition has been filed.
6. The learned counsel appearing for the petitioner submitted that there is no dispute between the heirs of the original trustee and they are conducting the Mandagapadi as per the rotation.
7. In the above circumstances, without going into the merits of the case, the fourth respondent/Executive Officer is directed to consider the application and pass orders on merits in accordance with law on or before 01.10.2016, after taking into consideration the order passed by this Court for the last year Mandagapadi.
8. With the above directions, the Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous petition is closed.
Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar(CS) Madurai Bench of Madras High Court, Madurai-23.
To
1. The Commissioner, Hindu Religious and Charitable Endowment Department, Government of Tamil Nadu, Chennai.
2. The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Madurai.
3. The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Madurai.
4. The Executive Officer, Arulmighu Sri Kallalagar Soundararaja Perumal Swamy Temple, Alagar Kovil, Madurai District.
+1cc to M/s.T.R.Jeyapalam, Advocate in SR.57580 W.P.(MD)No.19008 of 2016 and WMP.(MD)No.13739 of 2016 30.09.2016 pmu PBK/SK-SKN/SAR-III 30/09/2016 ::3P-6C:(IT)