Adaikkan v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.10.2024

CORAM

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

1.The Commissioner, Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Thanjavur District.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Pudukkottai District.

4.The Inspector, Hindu Religious and Charitable Endowment Department, Keernaur, Kulathur Taluk, Pudukkottai District.

5.The Executive Officer, Devasthanam Thirukovilgal, Pudukkottai District.

...Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent to take on the petitioner's appeal dated 01.10.2024 against the order of the 2nd respondent in his proceedings in Na.Ka.No.8620/2023/E1 dated 22.12.2023 by considering the petitioner's documents and light of the order of this Court in W.P.(MD).No.8801 of 2023 by its order dated 18.04.2023 and consequently pass the order to recognize the petitioner as a poosari of the temple of Arulmighu Adaikkalamkatthar situated at Pudur Revenue Village, Illuppur Taluk, Pudukkottai District.

For Petitioner : Mr.R.Paranjothi For R-1 to R-4 : Mr.K.S.Selvaganesan Additional Government Pleader For R-5 : Mr.G.Mathavan

ORDER

The present Writ Petition is filed for Mandamus directing the first respondent to entertain the petitioner's appeal dated 01.10.2024, challenging the order of the second respondent dated 22.12.2023, whereby, the petitioner's right to perform poojas was rejected, pursuant to the directions of this Court in W.P. (MD).No.8801 of 2023 dated 18.04.2023 to dispose of the petitioner's representation dated 20.06.2022.

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2. At the outset, it is submitted by the learned Additional Government Pleader appearing for the respondents 1 to 4 that the appeal filed by the petitioner would be numbered, if it is otherwise in order, within a period of two weeks from the date of receipt of a copy of this order and the appeal itself would be disposed of within a period of six months therefrom, which was accepted by the learned counsel for the petitioner.

3. In view of the same, 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 first respondent herein to number the appeal filed by the petitioner dated 01.10.2024, if it is otherwise in order, within a period of two (2) weeks from the date of receipt of a copy of this order and the same shall be disposed of in accordance with law after affording a reasonable opportunity of hearing to the petitioner and any other interested parties/stake holders, within a period of six (6) months therefrom. It is made clear that this Court has not expressed any views with regard to the merits of the appeal and it is open to the concerned respondent to consider the appeal on its own merits and in accordance with law.

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4. With the above direction, the Writ Petition stands disposed of. There shall be no order as to costs.

18.10.2024 Index : Yes / No Internet : Yes/ No Lm To 1.The Commissioner, Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Thanjavur District.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Pudukkottai District.

4.The Inspector, Hindu Religious and Charitable Endowment Department, Keernaur, Kulathur Taluk, Pudukkottai District.

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MOHAMMED SHAFFIQ , J.

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