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Madras High CourtWP(MD)/24165/2024disposed of

Mahendiran v. The Commissioner

2024-10-15Honourable Mr Justice Mohammed Shaffiq5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.10.2024

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ 1.Mahendiran 2.Balakrishnan ... Petitioners Vs.

1.The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, S.M.Road, nearly Temple Tower, Thanjavur.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, North 3rd Street, Pudukkottai.

4.The Executive Officer, Hindu Religious and Charitable Endowments Department, Shri Pragathammabaal Kovil Campus, Pudukkottai District.

... Respondents 1/5

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents 1 to 4 herein to grant permission to conduct Kumbabisegam for the temple of Arulmigu Balapureeswarar Temple situated at Kovilur, Alangudi Taluk, Pudukkottai District scheduled date 10.02.2025 ( Tamil month of Thai 28) and also to direct the fourth respondent to issue order to the petitioner to meet out the expenses relating to Yagasalai and Yanthraas pooja., for the Kumbabisegam by considering the petitioner's representation dated 03.10.2024. For Petitioner : Mr.K.Balasundaram Senior Advocate For R-1 to R-3 : Mr.K.S.Selva Ganesan Additional Government Pleader For R-4 : Mr.V.Chandrasekar

O R D E R

The present Writ Petition is filed praying for a Mandamus, directing the respondents 1 to 4 to grant permission for conducting Kumbabisegam on 10.02.2025 in the temple viz., Arulmigu Balapureeswarar Temple, Kovilur, Alangudi Taluk, Pudukkottai District and grant permission to the petitioner to meet out the expenses relating to Yagasalai and Yanthraas pooja., for the Kumbabisegam, by considering the petitioners representation dated 03.10.2024.

2. At the outset, it is submitted by the learned Additional Government Pleader for the respondents 1 to 3 as well as the learned counsel for 4th 2/5

respondent that the representation of the petitioners would be considered and orders would be passed thereon in accordance with law. The same is acceded to by the learned counsel for the petitioners.

3. In view thereof, 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 to consider the representation of the petitioners dated 03.10.2024, on its own merits and pass appropriate orders in accordance with law, after issuing notice to the petitioners and any other interested parties / stake holders, within a period of two weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any views with regard to the merits of the representation and it is open to the concerned respondent to consider the representation on its own merits and in accordance with law.

4. Accordingly, this Writ Petition is disposed of. No costs. 15.10.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr 3/5

To:

1.The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, S.M.Road, nearly Temple Tower, Thanjavur.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, North 3rd Street, Pudukkottai.

4.The Executive Officer, Hindu Religious and Charitable Endowments Department, Shri Pragathammabaal Kovil Campus, Pudukkottai District.

4/5

MOHAMMED SHAFFIQ, J.

Nsr 15.10.2024 5/5