Madras High CourtWP(MD)/20171/2018dismissed

P.Vadivel v. Joint Commissioner (Thirukovil

2022-04-13Honourable Mr Justice C. Saravanan2 pages

W.P(MD).No.20171 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.04.2022

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P(MD).No.20171 of 2018 and W.M.P(MD).No.17928 of 2018 P.Vadivel ... Petitioner Vs.

1.The Joint Commissioner, (Thirukovil) Hindu Religious and Charitable Endowments Board, Thiruvanaikovil & Post, Trichy District-620 005.

2.Arul Mighu Boothanayahi Amman Temple, Rep. by the Executive Officer, Thuvarankurichi, Manaparai Taluk, Trichy District-621 314.

3.A.Dhandapani 4.The Superintendent of Police, Trichy District, Trichy.

5.The Revenue Divisional Officer, Srirangam, Trichy 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 and 2 from entertaining the third respondent as Maniyakkar into any affairs of the second respondent temple, including the right to distribute the Prasadam on Mandahapadi days or other functions of the second Respondent temple. For Petitioner : Mr.C.Dhanaseelan For R1, R4 & R5 : Mr.P.Subbaraj Special Government Pleader For R2 : Mrs.S.Devasena For R3 : Mr.K.Balasubramani https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD).No.20171 of 2018

ORDER

Though the learned counsel for the petitioner seeks time, it is noticed that this writ petition can be dismissed by permitting the petitioner to approach the Joint Commissioner under Section 63 (e) of the Hindu Religious and Charitable Endowments Act, 1959.

2. It appears that there is a private dispute between the petitioner and the third respondent regarding the right to distribute Prasadam on Mandahapadi days and other functions of the second respondent temple. Whether the rights exist in favour of the third respondent or in favour of the petitioner has to be decided only in accordance with the provisions of the Act by the appropriate authority.

3. Under these circumstances, this writ petition stands dismissed with liberty to the petitioner and the third respondent to approach the Joint Commissioner for appropriate orders. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar (RTI) // True Copy // / /2022 Sub Assistant Registrar(CS) sn To 1.The Joint Commissioner, (Thirukovil) Hindu Religious and Charitable Endowments Board, Thiruvanaikovil & Post,Trichy District-620 005. 2.The Executive Officer, Arul Mighu Boothanayahi Amman Temple, Thuvarankurichi, Manaparai Taluk, Trichy District-621 314.

3.The Superintendent of Police, Trichy District,Trichy.

4.The Revenue Divisional Officer, Srirangam,Trichy District.

+1 CC to M/s.C. DHANASEELAN, Advocate( SR-19444[F] dated 19/04/2022 ) +1 CC to M/s.SPL.GP. ( SR-18998[F] dated 18/04/2022 ) W.P(MD).No.20171 of 2018 13.04.2022 MGJ(28.04.2022) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2