V.Rajendran, S/O.Vanniya Konar v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.12.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR V.Rajendran ... Petitioner Vs.
1.The Commissioner, Nungambakkam, Chennai.
2.The Joint Commissioner, Thiruppathur Road, Sivagangai.
3.The Assistant Commissioner, Paramakudi, Ramanathapuram District.
4.The Inspector, Ramanathapuram Devasthanam Office, Ramanathapuram.
... Respondents P RAYER:
Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 4 to initiate necessary action to recognize the Ärulmighu Veerabhathra Swamy Temple Arakkattalai" to maintain manage & perform pooja etc., in the ARULMIGHU VEERABHADRA SWAMY TEMPLE by appointing the petitioner as FIT PERSON 'THAKKAR' for the temple to safeguard interest of the temple against the encroachers by considering the petitioner's representation dated 21.04.2016 in accordance with law within the time stipulated by this Court.
For Petitioner : Mr.A.Kannan For Respondents 1 to 4 : Mr.C.Satheesh Government Advocate
O R D E R
*********** In the captioned writ petition, Mr.A.Kannan, learned Counsel on record for the lone writ petitioner and Mr.C.Satheesh, learned Government Advocate on behalf of all the four respondents are before me.
1/4
2.Captioned writ petition pertains to Arulmighu Veerabhadra Swamy Thirukovil situate in Velipattinam in Ramanathapuram District [hereinafter 'said temple' for the sake of convenience and clarity]. 3.The burden of the song qua writ petitioner is he should be appointed as Fit Person of said temple. The writ petitioner has sent a representation dated 21.04.2016 in this regard. 4.Learned State Counsel points out that this representation dated 21.04.2016 sent by the writ petitioner has been duly considered on its own merits in accordance with law and disposed of by the third respondent [Assistant Commissioner] in and by proceedings dated 12.01.2017 bearing Reference No.e.f.vz;.0180/2013/M1. A copy of these proceedings have been placed before me and the same is as follows:
2/4
5.In the light of aforementioned scenario, learned Counsel for writ petitioner submits that the rights of the writ petitioner may please be preserved to challenge the aforementioned proceedings and that can give a closure to the captioned writ petition. 6.The rights of the writ petitioner ie., all rights and contentions of both sides are left open. All the rights of the writ petitioner being preserved will include liberty of the writ petitioner to file a separate writ petition assailing the aforementioned proceedings and if the writ petitioner chooses to do so, the same will be dealt with on its own merits and in accordance with law as I have not expressed any view or opinion on the merits of the matter in this order.
7.Recording the stated position that writ petitioner's representation dated 21.04.2016 has been disposed of vide aforementioned proceedings dated 12.01.2017, captioned writ petition is disposed of as closed. There shall be no order as to costs. Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) MR NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The Commissioner, Nungambakkam, Chennai.
2.The Joint Commissioner, Thiruppathur Road, Sivagangai.
3.The Assistant Commissioner, Paramakudi, Ramanathapuram District.
3/4
4.The Inspector, Ramanathapuram Devasthanam Office, Ramanathapuram.
+1 CC to M/s.SPL GP ( SR-37931[F] dated 09/12/2021 ) +1 CC to M/s.A.KANNAN, Advocate ( SR-38022[F] dated 09/12/2021 ) 08.12.2021 RD(23.12.2021) 4P 7C 4/4