N.Muruganantham v. The Joint Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.10.2024

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ N.Muruganantham ... Petitioner Vs.

1.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, S.M. Road, Nearby Hotel Temple Tower, Thanjavur District.

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

3.The Executive Officer, Hindu Religious and Charitable Endowments Department, Pragathammbaal Kovil Campus, Pudukkottai District.

4.The Inspector, Office of the Hindu Religious and Charitable Endowments Department, Near Sri Nadiyamman Kovil, Vadakadu Mudukkam, Pudukkottai District.

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5.M.Balakrishnan S/o. Mayalagu, K.V.Kottai Village, Pudkkottai District.

... Respondents (R5 suo motu impleaded vide Court order dated 24.10.2024) PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to conduct the temple Kumbabisegam in the name of Arulmigu Balapurishwarar Thirukoil, Sengattunadu as per the HR & CE records and ensure all community people to participate in the temple function by considering petitioner's representation, dated 16.10.2024.

For Petitioner : Mr.K.C.Maniyarasu For R1 to R3 : Mr.K.S.Selvaganesan Additional Government Pleader For R4 : Mr.V.Chandrasekar For R5 : Mr.A.Arul Jenifer For KBS Law Office

O R D E R

The present Writ Petition is filed praying for a Mandamus, directing the respondent authorities to conduct Kumbabisegam in the the temple viz., 2/6

Arulmigu Balapurishwarar Thirukoil, Sengattunadu permitting all worshippers irrespective of their community and ensure all community people to participate in the temple function, by considering petitioner's representation, dated 16.10.2024.

2. When the matter was taken for admission, Mr.A.Arul Jenifer, learned counsel, would submit that M.Balakrishnan, S/o. Mayalagu, K.V.Kottai Village, Alangudi Taluk, Pudkkottai District, who is the rival party, may be suo motu impleaded as party to this Writ Petition.

3. In view thereof, this Court suo motu impleads the said M.Balakrishnan, S/o. Mayalagu, K.V.Kottai Village, Alangudi Taluk, Pudkkottai District as the fifth respondent.

4. Mr.A.Arul Jenifer, takes notice for the fifth respondent and he would also submit that they only intend to ensure that the Kumbabisegam is conducted/performed.

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

6. 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 respondent authorities to consider the representation of the petitioner dated 16.10.2024, on its own merits and pass appropriate orders in accordance with law, after issuing notice to the petitioner, fifth respondent and any other interested parties / stake holders, within a period of four 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.

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7. Accordingly, this Writ Petition is disposed of. No costs. 24.10.2024 NCC:yes/no Index:yes/no Internet:yes/no SN Note: Issue order copy on 29.10.2024.

To:

1.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, S.M. Road, Nearby Hotel Temple Tower, Thanjavur District.

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

3.The Executive Officer, Hindu Religious and Charitable Endowments Department, Pragathammbaal Kovil Campus, Pudukkottai District.

4.The Inspector, Office of the Hindu Religious and Charitable Endowments Department, Near Sri Nadiyamman Kovil, Vadakadu Mudukkam, Pudukkottai District.

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MOHAMMED SHAFFIQ, J.

SN 24.10.2024 6/6