Karuppaiah. P v. The Joint Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.09.2024

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ P.Karuppaiah ... Petitioner Vs.

1.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Trichy.

2.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Trichy.

3.The Inspector Hindu Religious and Charitable Endowments Department, Manaparai, Trichy.

4.Selvam ... 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 the petitioner as a Poosari of the ''Arulmigu Sri Thenimalai Kannimar Temple'' situated at Karuppur Village, Manaparai Taluk, Trichy District, based on his representation dated 18.07.2024.

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For Petitioner : Mr.C.Gomathi Sankar 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 herein to appoint the petitioner as Poosari of the ''Arulmigu Sri Thenimalai Kannimar Temple'' situated at Karuppur Village, Manaparai Taluk, Trichy District, based on his representation dated 18.07.2024. In view of the limited relief prayed for and proposed to be granted in the light of facts brought to the notice of this Court, notice to the fourth respondent is dispensed with.

2. At the outset, it is submitted by the learned Additional Government Pleader for the respondents 1 to 3 that the representation would be considered and orders would be passed thereon by the third respondent, in his capacity of Fit Person of the subject temple, in accordance with law. The same is acceded to by the learned counsel for the petitioner. 2/5

3. 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 third respondent/ Fit Person to consider the petitioner's representation dated 18.07.2024, on its own merits and pass appropriate orders in accordance with law, within a period of four weeks from the date of receipt of a copy of this order, after putting the petitioner, fourth respondent and other interested parties / stake holders on notice. 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.

4. With the above direction, this Writ Petition is disposed of. No costs. 27.09.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr 3/5

To:

1.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Trichy.

2.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Trichy.

3.The Inspector Hindu Religious and Charitable Endowments Department, Manaparai, Trichy.

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MOHAMMED SHAFFIQ, J.

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