Elephant G.Rajendran v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.(MD)No.23065 of 2024 and W.M.P.(MD)No.19548 of 2024 Elephant. G.Rajendran ... Petitioner -vs1.The Secretary, State of Tamil Nadu, The Hindu Religious and Charitable Endowments Department, Secretariat, Chennai-600 009.

2.The Commissioner, The Hindu Religious and Charitable Endowments Department, No.119, Nungambakkam High Road, Chennai-600 034.

3.The Executive Officer, A/M.Ramanathaswamy Temple, Rameshwaram, Ramanathapuram District.

...Respondents

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PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents to appoint and fill all the vacancies immediately to the Temple A/M.Ramanatha Swamy Temple, Rameshwaram and with direction to bring back the past glory and yearlong performance of the temple.

For Petitioner :

Mr.Elephant G.Rajendran, Party-in-person For R-1 & R-2 :

Mr.P.Veera Kathiravan, Assisted by, Mr.P.Thilak Kumar, Government Pleader For R-3 :

Mr.V.Raghavachari, Senior Counsel, For Mr.S.Ramesh

ORDER

[Order of the Court was made by R.SUBRAMANIAN, J.] The prayer in the writ petition reads as follows: "To issue a Writ of Mandamus, to direct the respondents to appoint and fill all the vacancies immediately to the Temple A/M.Ramanatha Swamy Temple, Rameshwaram and with direction to bring back the past glory and yearlong performance of the temple."

2. The Commissioner, Hindu Religious and Charitable Endowments Department, has filed an affidavit stating that, according to him, the order of 2/5

status quo granted by the Hon'ble Supreme Court in W.P.(C)No.985 of 2023, would mean that no Archaga shall be appointed for Agamic Temples in Tamil Nadu. This interpretation, in our considered opinion does not appear to be just. However, since it is an interpretation of the order of the Hon'ble Supreme court, we do not want to express any opinion on the view taken by the Commissioner, Hindu Religious and Charitable Endowments Department.

3. Therefore, we dismiss the writ petition. Leaving it open to the petitioner to approach the Hon'ble Supreme Court seeking appropriate clarification. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

[R.S.M., J.] [L.V.G., J.] 23.10.2024 NCC : Yes/No Index : Yes/No Internet : Yes Sml Issue order copy on 23.10.2024.

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To 1.The Secretary, State of Tamil Nadu, The Hindu Religious and Charitable Endowments Department, Secretariat, Chennai-600 009.

2.The Commissioner, The Hindu Religious and Charitable Endowments Department, No.119, Nungambakkam High Road, Chennai-600 034.

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R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

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