Vijayaragavan P v. The Secretary To Government Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.10.2022

CORAM

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

1.The Secretary of Government of Tamilnadu Hindu Religious and Charitable Endowment Board, HR & CE Department, Chennai.

2.The Commissioner, Hindu Religious and Charitable Endowment Board, HR & CE Department, Thousand Lights (West), Chennai-34.

3.The Joint Commissioner, Hindu Religious and Charitable Endowment Board, HR & CE, Koorainadu, Mailaduthurai, Thanjavur District.

4.The Deputy Commissioner, Hindu Religious and Charitable Endowment Board, HR & CE Department, Aayikulam Road, Kumbakonam.

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5.The Executive Officer, (HR&CE), Srinivasaperumal Devasthanam, Nachiyarkovil, Kumbakonam Taluk, Tanjore District.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the Respondents 1 to 5 from interfering with administration of the Petitioner's temple Viz., The Arulmigu Alagaperumal Kovil situated at Nachiarkovil, Kumbakonam by considering the Petitioner's representation, dated 05.08.2022. For Petitioner : Mr.Gnanasekaran For R1 to R4 : Mr.N.Ramesh Arumugam Government Advocate For R5 : Mr.V.Chandrasekaran

ORDER

This writ petition is filed praying for a writ of Mandamus forbearing the Respondents 1 to 5 from interfering with administration of the Petitioner's temple Viz., The Arulmigu Alagaperumal Kovil situated at Nachiarkovil, Kumbakonam by considering the Petitioner's representation, dated 05.08.2022.

2. Mr.N.Ramesh Arumugam, learned Government Advocate takes notice for the Respondents 1 to 4 and Mr.V.Chandrasekaran, learned counsel takes notice for the 5th Respondent.

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3. It is submitted by the learned counsel for the Petitioner that the Petitioner and his brother, namely, Late.Uppili Alias Uppiliyappan are the permanent trustees of Arulmigu Alagaperumal Kovil situated at Nachiarkovil, Kumbakonam. During the year 1963, the Petitioner's grandfather, namely, Sarangapani Alwar executed a Will at Sub Register Office, Kumbakonam in favour of Petitioner and his brother to govern and administer the above said temple, which is a private trust and belongs to the Petitioner. The 5th Respondent had taken the right over the temple without issuing any notice or prior information and attempting to carry out religious including pooja works without Petitioner's permission. The Village Administrative Officer of Nachiyarkovil had issued a Certificate in favour of the Petitioner stating that the temple belongs to the Petitioner and he had been administering the said temple as a trustee. Hence, the Petitioner had submitted a representation, dated 05.08.2022. However, no orders has been passed on the said representation.

4. It is submitted by the learned Government Advocate for the Respondents 1 to 4 and the learned counsel for the 5th Respondent that the representation of the Petitioner, dated 05.08.2022 would be considered and 3/6

orders passed within a period of eight weeks from the date of receipt of copy of this order.

5. Heard the learned counsel appearing for the parties and perused the materials placed before this Court.

6. In view of the above submission 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 Respondents herein to consider the Petitioner's representation dated 05.08.2022, on its own merits and pass appropriate orders in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

7. With the above direction, the Writ Petition stands disposed of. No costs.

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To 1.The Secretary of Government of Tamilnadu Hindu Religious and Charitable Endowment Board, HR & CE Department, Chennai.

2.The Commissioner, Hindu Religious and Charitable Endowment Board, HR & CE Department, Thousand Lights (West), Chennai-34.

3.The Joint Commissioner, Hindu Religious and Charitable Endowment Board, HR & CE, Koorainadu, Mailaduthurai, Thanjavur District.

4.The Deputy Commissioner, Hindu Religious and Charitable Endowment Board, HR & CE Department, Aayikulam Road, Kumbakonam.

5.The Executive Officer, (HR&CE), Srinivasaperumal Devasthanam, Nachiyarkovil, Kumbakonam Taluk, Tanjore District.

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MOHAMMED SHAFFIQ, J.

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