Madras High CourtWA(MD)/1116/2022disposed of

A.Thangadurai, v. The Commissioner,

2025-02-26Honourable Mr Justice G.R.Swaminathan,Honourable Mr.Justice M.Jothiraman4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.02.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.A(MD)No.1116 of 2022 and C.M.P(MD)Nos.8843 & 8844 of 2022 A.Thangadurai ... Appellant / Writ Petitioner Vs.

1.The Commissioner, Hindu Religious and Charitable Endowments, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 34.

2.The Joint Commissioner / Executive Officer, Hindu Religious and Charitable Endowments, Kanyakumari District Temples Head Office, Suchindram, Kanyakumari District.

... Respondents / Respondents Prayer: Writ Appeal filed under Clause 15 of Letters Patent Act to set aside the order passed in W.P(MD)No.17732 of 2022 dated 12.08.2022 on the file of this Court.

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For Appellant : Mr.S.Rajasekar For Respondents : Mr.K.S.Selvaganesan Additional Government Pleader for R.1 Mr.K.Sathyasingh Additional Government Pleader for R.2

JUDGMENT

Heard both sides.

2.The appellant herein is eking out his livelihood by taking the tourist in Kanyakumari on horse rides. He is having two horses. The temple authorities had issued notification forbearing the petitioner from doing so. The petitioner filed W.P(MD)No.17732 of 2022 questioning the same. The writ petition was disposed of on 12.08.2022 and the petitioner was not given any relief. Aggrieved by the same, this Writ Appeal has been filed.

3.It is not in dispute that Survey No.679/2 is a temple property. If the petitioner wants to carry on his avocation in the said survey number, the appellant must get permission from the second respondent. The 2/4

respondents however cannot prevent the appellant from carrying on his avocation in any place other than Survey No.679/2 as well as the temple premises.

4.This Writ Appeal is disposed of accordingly. No costs. Consequently, connected miscellaneous petition are closed. [G.R.S., J.] [M.J.R., J.] 26.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No MGA To 1.The Commissioner, Hindu Religious and Charitable Endowments, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 34.

2.The Joint Commissioner / Executive Officer, Hindu Religious and Charitable Endowments, Kanyakumari District Temples Head Office, Suchindram, Kanyakumari District.

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G.R.SWAMINATHAN,J.

AND M.JOTHIRAMAN , J.

MGA W.A(MD)No.1116 of 2022 and C.M.P(MD)Nos.8843 & 8844 of 2022 26.02.2025 4/4