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Madras High CourtWP(MD)/20636/2024disposed of

Suresh Kannan. T v. The Joint Commissioner

2024-09-02Honourable Mr Justice Mohammed Shaffiq6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.09.2024

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ T.Suresh Kannan ... Petitioner Vs.

1.The Joint Commissioner, Office of the Joint Commissioner, Hindu Religious and Charitable Endowment Department, Madurai.

2.The Assistant Commissioner, Office of the Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Madurai.

3.The Tahsildar, Vadipatti Taluk, Vadipatti, Madurai District.

4.K.Nagarajan 5.Arun 6.Sundararajan 1/6

7.Suresh Kannan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 3 herein to appoint a special officer for conducting the porattasi festival of the Ayyanar temple of Mettuneerathan Village, Vadipatti Taluk, Madurai District to be held on 11.10.2024 & 12.10.2024, by considering the representation of the petitioner and consequently directing the respondents 1 to 4 herein not to allow grant of special first honour to the respondents 5 to 7 and any other individuals. For Petitioner : Mr.V.S.Kumara Guru For R-1 to R-3 : Mr.K.S.Selva Ganesan Additional Government Pleader

O R D E R

The present Writ Petition is filed praying for a Mandamus, directing the respondents 1 to 3 to appoint a Special Officer for conducting the porattasi festival of the Ayyanar temple of Mettuneerathan Village, Vadipatti Taluk, Madurai District to be held on 11.10.2024 & 12.10.2024, by considering the representation of the petitioner and consequentially directing the respondents 1 to 4, not to grant special first honour to the respondents 5 to 7 and any other individuals.

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2. It is submitted by the learned counsel for the petitioner that the temple festival is scheduled to be held on 11.10.2024 and 12.10.2024 in the Ayyanar temple situated at Mettuneerathan Village, Vadipatti Taluk, Madurai District and there is proposal for granting special honour to certain communities, not supported by any custom or legal right. In this regard, the petitioner had submitted a representation dated 24.07.2024 before the respondents 1 and 2, seeking to appoint a Special Officer for conducting the porattasi festival of the subject temple and also not to grant special first honour to the respondents 5 to 7 or any other individual. Since the petitioner's representation was not considered, the present petition is filed.

3. It is submitted by the learned Additional Government Pleader for the respondents 1 to 3 that the representation of the petitioner would be considered and orders would be passed on or before 23.09.2024, in accordance with law. The same is accepted to by the learned counsel for the petitioner.

4. In view of the same and taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the respondents 1 to 3 herein to consider the 3/6

petitioner's representation dated 24.07.2024, on its own merits and pass appropriate orders in accordance with law, after putting the petitioner and other stake holders on notice, on or before 23.09.2024. It is made clear that this Court has not expressed any views with regard to the merits of the representation and it is open to the concerned respondent to consider the representation on its own merits and in accordance with law.

5. With the above direction, the Writ Petition stands disposed of. No costs.

02.09.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr Note: Issue Order Copy on 03.09.2024.

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To:

1.The Joint Commissioner, Office of the Joint Commissioner, Hindu Religious and Charitable Endowment Department, Madurai.

2.The Assistant Commissioner, Office of the Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Madurai.

3.The Tahsildar, Vadipatti Taluk, Vadipatti, Madurai District.

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MOHAMMED SHAFFIQ, J.

Nsr 02.09.2024 6/6