S.Muthanan v. The Joint Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.08.2024
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ S.Muthanan ... Petitioner Vs.
1.The Joint Commissioner, HR&CE Department, Sivagangai.
2.The Assistant Commissioner, HR&CE Department, Sivagangai.
3.The Inspector, HR&CE Department, Manamadurai, Sivagangai District.
4.The Superintendent of Police, Sivagangai.
5.The Inspector of Police, Poovanthi Police Station, Poovanthi, Sivagangai District.
6.Chandran 1/6
7.S.Ramakrishnan ... 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 felicitate the investiture of the "Mudhal Karai Mariyathai" Honor on petitioner on 13.08.2024 in which the Aadi Festival starts from 06.08.2024 and ends on 14.08.2024 in Arulmigu Muthumariamman Kovil at Vilathur Village, Manamadurai Taluk, Sivagangai District by consider the representation of the petitioner, dated 02.08.2024 and pass such further or other orders as this Court. For Petitioner : Mr.K.P.Krishna Doss For R-1 to R-3 : Mr.K.S.Selvaganesan Additional Government Pleader For R-4 & R-5 : Mr.Vaikkam Karunanithi Government Advocate
ORDER
The present writ petition is filed for Mandamus, directing the respondents to felicitate the investiture of the "Mudhal Karai Mariyathai" Honor on petitioner on 13.08.2024 in which the Aadi Festival starts from 06.08.2024 and ends on 14.08.2024 in Arulmigu Muthumariamman Kovil at Vilathur Village, Manamadurai Taluk, Sivagangai District by considering the representation of the petitioner, dated 02.08.2024. 2/6
2. Earlier, the elder brother had filed a writ petition in W.P(MD)No. 19134 of 2024, wherein, it was submitted by the learned Additional Government Pleader that the O.As are still pending before the Joint Commissioner, despite a direction of this Court in W.P(MD)No.17190 of 2023, dated 24.07.2023 to dispose of the Original Application within three months. However, as the parties are not co-operating, the Joint Commissioner was unable to comply with the order dated 24.07.2023 and the O.As are still pending as on date. This Court was pleased to pass the following order in the above writ petition in W.P.(MD).No.19134 of 2024: "2. On instructions, it was submitted by the learned Additional Government Pleader for the official respondents that the practice followed during the previous year will be followed this year as well. The same was acceded to by the learned Counsel for the petitioner."
3. The present writ petition is filed by the younger brother seeking "Mudhal Karai Mariyathai". However, in view of the orders passed in the earlier writ petition, the learned Additional Government Pleader appearing for the official respondents would submit, on instructions, that they intend to follow the practice followed during the previous year. The same is recorded. 3/6
The Joint Commissioner has kept the Original Application pending beyond the period stipulated for disposal by this Court on 24.07.2023, on the ground that the parties are not co-operating, which I do not think is appropriate, for the Joint Commissioner ought to have disposed of the matters in compliance with the orders of this Court.
4. It was submitted by the learned Additional Government Pleader for the respondents 1 to 3 that the Joint Commissioner would dispose of the Original Application within a period of four (4) weeks from today, which was also agreed to by the learned counsel for the petitioner.
5. Recording the same, this writ petition stands disposed of. There shall be no order as to costs.
13.08.2024 NCC : Yes / No Index : Yes / No Internet : Yes BTR 4/6
To 1.The Joint Commissioner, HR&CE Department, Sivagangai.
2.The Assistant Commissioner, HR&CE Department, Sivagangai.
3.The Inspector, HR&CE Department, Manamadurai, Sivagangai District.
4.The Superintendent of Police, Sivagangai.
5.The Inspector of Police, Poovanthi Police Station, Poovanthi, Sivagangai District.
5/6
MOHAMMED SHAFFIQ , J.
BTR 13.08.2024 6/6