C. Madhavan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.10.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.GOVINDARAJ and W.M.P.(MD)Nos.19389, 19390 and 19391 of 2019 C.Madhavan : Petitioner Vs.
1.The District Collector, Sivaganga, 2.The District Revenue Officer, District Revenue Office, Sivaganga, 3.The Revenue Divisional Officer, Revenue Divisional Office, Devakottai, Devakottai Taluk, 4.The Tahsildar, Thiruppathur, Thiruppathur Taluk, 5.The Commissioner, Hindu Religious and Charitable Endowments Department, 119, Uthamar Gandhi Salai, Chennai-34.
6.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, 40, Muthusamy Nagar,Thiruppathur Road, Sivaganga, 7.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Paramakudi, Ramnad District.
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8.Fit Person, Arulmigu Sri Ilayanachiamman Temple, Kambanoor, Thiruppathur Taluk, 9.S.Saranavanan Servai 10.S.Nehrugi 11.RM.Palaniappan 12.R.Subramanian 13.N.Karuppiah : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records of the impugned order of the third respondent dated 13.05.2019 and quash the same as illegal and consequently, directing the third respondent to permit the petitioner and the villagers to celebrate the village temple festival of Ilayanachiamman Temple situated at Kambanoor, Thirupathur Taluk, Sivaganga District, scheduled to be conducted from 29.10.2019 to 07.11.2019 by considering the representation of the petitioner dated 09.10.2019.
For Petitioner : Mr.C.Guhaseelarupan For Respondents 1to4 : Mr.J.Gunaseelan Muthiah, Additional Government Pleader For Respondents 5&6 : Mr.VR.Shanmuganathan, Special Government Pleader For Respondents 7to12 : Mr.P.Arun Jeyatram
ORDER
The petitioner challenges the order passed by the third respondent/Revenue Divisional Officer, Sivaganga District, dated 13.05.2019.
2. According to the petitioner, he and his Village people have been conducting the Temple festival of Ilayanachiamman Temple, at Kambanoor, Thirupathur Taluk, Sivaganga District, for the years together. But the private respondents are claiming new right over the Temple to conduct the festival.
3. From the perusal of the records, it is seen that a Fit Person has already been appointed by the Hindu Religious and Charitable Endowments Department. It is open to the parties to approach the sixth respondent/Joint Commissioner, Hindu Religious and Charitable Endowments Department, to establish their rights. Till such time, the Fit Person will conduct the festival. 2/3
4. The Writ Petition is disposed of with the above observation. No costs. Consequently, the connected miscellaneous petitions are closed.
Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar To 1.The District Collector, Sivaganga, Sivaganga District.
2.The District Revenue Officer, District Revenue Office, Sivaganga, Sivaganga District.
3.The Revenue Divisional Officer, Revenue Divisional Office,Devakottai, Devakottai Taluk,Sivaganga District.
4.The Tahsildar, Thiruppathur, Thiruppathur Taluk, 5.The Commissioner, Hindu Religious and Charitable Endowments Department, 119, Uthamar Gandhi Salai,Chennai-34.
6.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, 40, Muthusamy Nagar,Thiruppathur Road, Sivaganga, Sivaganga District.
+1 CC to M/s.SPL GP ( SR-95493[F] dated 01/11/2019 ) +2CCto M/s.DR.C.GUHASEELARUPAN, Advocate SR-95016[F]dated 31/10/2019 +1CC to M/s.P.ARUN JAYATRAM, Advocate ( SR-95337[F] dated 31/10/2019 Order made in Dated: 30.10.2019 SML MS/13-11-2019/3P.11C 3/3