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Madras High CourtWP(MD)/17260/2018disposed of

N.Veerapathiran v. The Joint Commissioner

2022-02-15Honourable Mr Justice C. Saravanan2 pages

W.P.(MD) No.17260 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.(MD) No.17260 of 2018 N.Veerapathiran ... Petitioner /vs./ 1.The Joint Commissioner, HR & CE Department, Madurai.

2.The Assistant Commissioner, HR & CE Department, Madurai.

3.The Fit Person, Arulmigu Gurunathasami Temple, Melanesaveri Village, Tirumangalam Taluk, I/c.The Executive Officer, Arulmigu Siddhi Vinayagar Kovil, Thirunagar, Madurai 625 006.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents herein to forthwith open the lock of Arulmigu Gurunathasami Temple, Melanesaneri Village, Thirumangalam Taluk, Madurai District and perform all the poojas and rituals as per the proceedings in Se.Mu.Na.Ka.No.558/2011/A4 of the 2nd respondent dated 24.02.2011 and the proceedings of the 3rd respondent dated 05.03.2018. For Petitioner : Mr.L.Siva For R1 & R2 : Mr.P.Subbaraj Special Government Pleader For R3 : Mr.S.Manohar

ORDER

This writ petition has been filed for a writ of mandamus to direct the 3rd respondent to consider and pass appropriate orders on the petitioner's representation dated 19.04.2018, as per the proceedings of the 2nd respondent dated 24.02.2011 in Se.Mu.Na.Ka.No.558/2011/A4 and the proceedings of the 3rd respondent dated 05.03.2018.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.17260 of 2018 2.It is the submission of the learned counsel for the petitioner that the petitioner has been worshipping the temple and that the temple was closed in 2011. It is submitted that though the temple was reopened in 2018, it has been closed immediately again. It is submitted that the petitioner was unable to worship and therefore, he has given a representation dated 19.04.2018 to the 3rd respondent.

3.It is the case of the petitioner that the temple was illegally locked by some unknown persons preventing the petitioner to worship on the temple. Though this Court cannot go into the dispute in question, this writ petition is disposed of with the following directions:- i) The petitioner is directed to submit a fresh copy of the representation dated 19.04.2018 to the 3rd respondent, within a period of 15 days from the date of receipt of a copy of this order. ii) On such receipt is being made, the 3rd respondent is directed to consider the same and pass appropriate orders on merits and in accordance with law, within a period of 4 weeks thereafter. No costs.

Sd/- Assistant Registrar (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) mm To 1.The Joint Commissioner, HR & CE Department, Madurai.

2.The Assistant Commissioner, HR & CE Department, Madurai.

+1 CC to M/s.S.MANOHAR, Advocate ( SR-6727[F] dated 17/02/2022 ) +1 CC to M/s.G.MOHAN KUMAR, Advocate ( SR-6583[F] dated 16/02/2022 ) +1 CC to M/s.SPL GP ( SR-6515[F] dated 16/02/2022 ) W.P.(MD)No.17260 of 2018 15.02.2022 MGJ(03.03.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2