Duraikannan v. The Joint Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.07.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P(MD) No.20242 of 2025 Duraikannan

...Petitioner

Vs.

1.The Joint Commissioner, HR and CE Department, H 306, TNHB Colony, Ellis Nagar, Madurai - 625 016.

2.The Assistant Commissioner, HR and CE Department, H 306, TNHB Colony, Ellis Nagar, Madurai - 625 016.

3.Durai Bharathidasan 4.The Commissioner, HR and CE Department Madurai - 625 016.

(The 4th respondent is suo-motu impleaded by this Court in W.P(MD) No.20242 of 2025) ... Respondents 1/5

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st and 2nd Respondents to maintain the Sri Vinayagaperuman and Arulmigu Sri Kaliamman Temple, situated in Keelamuthupatti, Madurai, as a public temple, and also to consider the detailed statement submitted by petitioner and other committee members, along with all relevant records, to the 2nd respondent on 09.01.2025 in compliance of Notice No.Na.Ka.No.5475/2024-2/A4, dated 21.12.2024.

For Petitioner : Mr.S.Mamtha For R1, R2 and R4 : Mr.SS.Madhavan Additional Government Pleader

ORDER

This Writ Petition is disposed of at the time of admission after hearing hte learned counsel for the petitioner and the learned Additional Government Pleader for the respondent Nos.1, 2 and 4 and after dispensing with notice to the third respondent as there is no adverse order proposed to be passed at this stage.

2. This Writ Petition is filed to direct the 1st and 2nd respondents to maintain the Sri Vinayagaperuman and Arulmigu Sri Kaliamman Temple, situated in Keelamuthupatti, Madurai, as a public temple, and to consider the 2/5

statement submitted by petitioner to the 2nd respondent on 09.01.2025 in compliance of Notice No.Na.Ka.No.5475/2024-2/A4, dated 21.12.2024.

3. The learned Additional Government Pleader submits that the enquiry has been completed and that the enquiry report will be forwarded to the Commissioner, HR & CE Department, Madurai.

4. Recording the above submission, the second respondent is directed to forward the said enquiry report to the Commissioner, HR & CE Department, Madurai, within a period of one month from the date of receipt of a copy of this order. The petitioner is also directed to submit the above statement, in compliance with Notice bearing reference Na.Ka.No.5475/2024-2/A4, dated 21.12.2024, to the Commissioner, HR & CE Department, Madurai.

5. In this regard, the Commissioner, HR & CE Department, Madurai, is suo motu impleaded as the fourth respondent in this Writ Petition. The fourth respondent is directed to consider the petitioner's statement and pass appropriate orders on its own merits and on the basis of the said enquiry report, within a period of three months thereafter, after affording an opportunity to the 3/5

petitioner, the third respondent, and any other interested parties.

6. With the above directions, this Writ Petition is disposed of. No costs. 24.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Indu To 1.The Joint Commissioner, HR and CE Department, H 306, TNHB Colony, Ellis Nagar, Madurai - 625 016.

2.The Assistant Commissioner, HR and CE Department, H 306, TNHB Colony, Ellis Nagar, Madurai - 625 016.

3.The Commissioner, HR and CE Department Madurai - 625 016.

4/5

C.SARAVANAN, J.

Indu W.P(MD) No.20242 of 2025 24.07.2025 5/5