Bubri N.Murugan v. The Joint Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.09.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No.21396 of 2023 Bubri N.Murugan ... Petitioner Vs.

1. The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Ellis Nagar, Madurai.

2. The Executive Officer, Arulmigu Periya Mariamman Thirukovil, Srivilliputhur Town, Virudhunagar District.

3. The Thakkar, Arulmigu Periya Mariamman Thirukovil, Srivilliputhur Town, Virudhunagar District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ Mandamus, directing the respondents to grant permission to rest the Mariamman Deity of Arulmigu Periya Mariamman 1/6

Thirukovil, Srivilliputhur, Virudhunagar District at the 9th day of Mandagapadi from the date time itself, from morning to night during the 9th day of the Panguni month Pookuzhi festival based upon the petitioner's representation, dated 07.07.2023.

For Petitioner : Mr.K.K.Kannan For Respondents : Mr.R.Ragavendran Government Advocate

ORDER

This writ petition is filed for Writ of Mandamus directing the respondents to grant permission to rest the Mariamman Deity of Arulmigu Periya Mariamman Thirukovil, Srivilliputhur, Virudhunagar District at the 9th day of Mandagapadi from the date time itself, from morning to night during the 9th day of the Panguni month Pookuzhi, festival based upon the petitioner's representation, dated 07.07.2023.

2. Heard the parties appearing on either side. With their consent, the writ petition is taken up for final disposal at the admission stage itself. 2/6

3. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time.

4. In the light of the above observations, the respondents are directed to consider the petitioner's representation, dated 07.07.2023 and pass orders, within a period of Three weeks from the date of receipt of a copy of the order. 3/6

5. In view of the above, this Writ Petition is allowed. There shall be no order as to costs.

01.09.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ksa 4/6

To

1. The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Ellis Nagar, Madurai.

2. The Executive Officer, Arulmigu Periya Mariamman Thirukovil, Srivilliputhur Town, Virudhunagar District.

3. The Thakkar, Arulmigu Periya Mariamman Thirukovil, Srivilliputhur Town, Virudhunagar District.

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S.SRIMATHY, J.

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