Maheswaran v. The Joint Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :02.12.2022

CORAM

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

1.The Joint Commissioner, Hindu Religious & Charitable Endowment Department, Ellish Nagar, Dindigul.

2.The Executive Officer/Fit person, Arulmigu Sundara Mahalinga Swamy Temple, Sathuragiri, Peraiyur Taluk, Madurai District.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the 1st respondent to accord/sanction permission for reconstruction/renovation of temples under the name and style "Sri Vinayagar, Sri Karuppasamy, Mariamman Temple" which is situated in S.No.90, at Thummanayakkanpatti, Peraiyur Taluk, Madurai District. On the basis of the petitioner's representation dated 15.11.2022.

For Petitioner :Mr.R.G.Shankar Ganesh For Respondents :Mr.P.Subbaraj Special Government Pleader for R1 :Mr.S.Manoharan for R2

O R D E R

The present writ petition is filed directing the 1st Respondent to accord/sanction permission for reconstruction/renovation of the temples under the name and style "Sri Vinayagar, Sri Karuppasamy, Mariamman Temple" which is situated in S.No.90, at Thummanayakkanpatti, Peraiyur Taluk, Madurai District, on the basis of the petitioner's representation dated 15.11.2022.

2.It is submitted by the learned counsel for the petitioner that due to old age, the petitioner is looking after the temple affairs on behalf of his mother. The petitioner has filed representation dated 15.11.2022 to protect/renovate the temple premises which is in a dilapidated condition and the same is pending. No action has been taken by the first and second respondents to accord permission for renovation of said temple. Hence, the present writ petition.

3.The learned Special Government Pleader, appearing on behalf of the 1st Respondent submits that the above representation dated 15.11.2022 would be considered and orders passed on merits and in accordance with law.

4.Considering the limited scope of the prayer sought for in this writ petition, there shall be a direction to the 1st Respondent herein to consider the representation of the petitioner, dated 15.11.2022 and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after affording a reasonable opportunity to the petitioner and other stake holders/interested parties, if any. 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 respondents to consider the representation on its own merits.

5. With the above direction, this writ petition stands disposed of. No costs.

02.12.2022 Index : Yes / No Speaking Order/Non Speaking Order sbn To 1.The Joint Commissioner, Hindu Religious & Charitable Endowment Department, Ellish Nagar, Dindigul.

2.The Executive Officer, Arulmigu Sundara Mahalinga Swamy Temple, Sathuragiri, Peraiyur Taluk, Madurai District.

MOHAMMED SHAFFIQ, J.

sbn 02.12.2022