Sadachi v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.10.2022

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Sadachi ... Petitioner Vs.

1.The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Arulmighu Sri Subbramaniya Swamy Temple, Tiruchendur, Thoothukudi District.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the Respondents to allow the marriage for the Petitioner's daughter Malathi with Manikandan S/o.Vennimalai at Arulmighu Sri Subbramaniya Swamy Temple, Tiruchendur on 07.11.2022 and issue Marriage Certificate by considering the Petitioner's representation, dated 13.10.2022 within a stipulated time. 1/5

For Petitioner : Mr.M.Jegadeesh Pandian For R1 : Mr.J.Ashok Additional Government Pleader For R5 : Mr.S.Muthu Geethaiyan

ORDER

This writ petition is filed praying for a writ of Mandamus directing the Respondents to allow the marriage for the Petitioner's daughter Malathi with Manikandan S/o.Vennimalai at Arulmighu Sri Subbramaniya Swamy Temple, Tiruchendur on 07.11.2022 and issue Marriage Certificate by considering the Petitioner's representation, dated 13.10.2022.

2. It is submitted by the learned counsel for the 2nd Respondent that as a general rule to get married in a Hindu Temple in Tamil Nadu the groom and bride (the boy and girl or couple) need to produce the following documents. The documents needed are:

(i) Birth Certificates of Bride and Groom (ii) Address proof of Bride and Groom (iii) Age proof (Birth Certificate, School Leaving Certificate etc) (iv) A Tahsildar-attested document stating that it is the firs marriage for both bride and groom and a letter of consent from both parties. These are the basic documents needed for conducting a marriage in the temple.

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3. It is also submitted by the learned counsel for the 2nd Respondent that if the Petitioner would approach the Respondents along with the above documents, the representation of the Petitioner, dated 13.10.2022 would be considered and orders would be passed on merits and in accordance with law. It is further submitted that copy of application format has also been furnished by the Petitioner.

4. In view of the above submission, the Petitioner is directed to approach the Respondents along with the above documents by 02.11.2022. The Respondents are directed to consider and pass orders on the representation of the Petitioner, dated 13.10.2022 before 07.11.2022, on which date, the marriage of the Petitioner's daughter was fixed.

5. With the above direction, the writ petition stands disposed of. No costs.

27.10.2022 Index : Yes / No Internet : Yes/ No sn Note: Issue order copy on 01.11.2022 3/5

To 1.The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Arulmighu Sri Subbramaniya Swamy Temple, Tiruchendur, Thoothukudi District.

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MOHAMMED SHAFFIQ, J.

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