Pandaram.M v. The Joint Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.10.2022

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD).No.24582 of 2022 and W.M.P(MD).No.18656 of 2022 M.Pandaram : Petitioner Vs The Joint Commissioner, H.R and C.E Department, Tirunelveli.

: Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus call for the records pertaining to the impugned notice issued by the respondent in Na.Ka.No.3671/2022/A2/dated 24.04.2022 and quash the same and further directing respondent to select the Managing Trustee of the temple namely Arulmigu Pasunkili Ayyan Sastha Temple, Gopalasamudram, Tirunelveli District as per scheme was framed in O.A.No 1/1999, on the file of the 1/5

respondent and from the list of persons selected in the general body meeting of Patharaipangu Thevar Uravinmurai Sangam, dated 26.09.2021 and based on the representation given by the petitioner, dated 09.10.2022. For Petitioner : Mr.T.Selvan For R1 : Mr.P.Subbaraj Special Government Pleader

ORDER

The present writ petition has been filed in the nature of Certiorarified mandamus, seeking to quash the impugned notice issued by the respondent in Na.Ka.No.3671/2022/A2/dated 24.04.2022 and further to direct respondent to select the Managing Trustee of the temple namely Arulmigu Pasunkili Ayyan Sastha Temple, Gopalasamudram, Tirunelveli District as per scheme was framed in O.A.No 1/1999, on the file of the respondent and from the list of persons selected in the general body meeting of Patharaipangu Thevar Uravinmurai Sangam, dated 26.09.2021 and based on the representation given by the petitioner, dated 09.10.2022.

2. The learned Special Government Pleader appearing for the 2/5

respondent submitted that the petitioner is seeking to quash the notice and the notice cannot be challenged, the petitioner may be directed to reply to the said notice.

3. Ms.C.Geetha, Learned Counsel appearing for the intervener submitted that there is a rival group, which has objections to the list submitted by the petitioner.

4. Therefore this Court is of the considered opinion that both the petitioner and the rival group may submit their objections before the respondent, the Joint Commissioner. The respondent can grant adequate opportunity to both the parties and thereafter, pass orders on merits and in accordance with law, within a period of six weeks, from the date of receipt of a copy of this order.

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5.With the above direction, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 28.10.2022 Index : Yes / No Internet : Yes/ No lr 4/5

S.SRIMATHY, J.

lr To The Joint Commissioner, H.R and C.E Department, Tirunelveli.

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