R.Muruganandham v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN R.Muruganandham ... Petitioner -vs1.The District Collector Office of the Collectorate Ramanathapuram Ramanathapuram District 2.The Superintendent of Police Office of the Superintendent of Police Ramanathapuram District 3.The Revenue Divisional Officer Office of the Revenue Divisional Office Ramanathapuram Ramanathapuram District 4.The Tahsildar Office of the Tahsildar Keelakarai Taluk Keelakarai Ramanathapuram District

5.The Deputy Superintendent of Police Office of the Deputy Superintendent of Police Keelakarai Taluk Keelakarai Ramanathapuram District 6.The Inspector of Police Ervadi Dharga Police Station Keelakarai Taluk Keelakarai Ramanathapuram District 7.T.Muruganandham ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 3 and 4 to take action against the seventh respondent in accordance with law to receive the temple key from the seventh respondent and to handover the key of Vazhavanthal Amman Temple and Vinayagar Temple, which belong to Sathiriya Nattathi Nadar Uravinmurai Trust, to the Trust by considering the representation of the petitioner dated 26.09.2024 within a time frame limit as fixed by this Court. For Petitioner :

Mr.R.Babu Jaganath For Respondents :

Mr.S.Shanmugavel Additional Government Pleader for R1, R3 & R4 Ms.M.Aasha Government Advocate (Crl.Side) for R2, R5 & R6

O R D E R

Mr.S.Shanmugavel, learned Additional Government Pleader, takes notice for the respondents 1, 3 & 4 and Ms.M.Aasha, learned Government Advocate (Criminal Side), takes notice for the respondents 2, 5 & 6.

2. Since the writ petition is disposed of at the admission stage itself and in view of the nature of the order proposed to be passed, notice to the private respondent is dispensed with.

3. With the consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

4. This writ petition has been filed for a direction to the respondents 3 and 4 to take action against the seventh respondent in accordance with law for handing over the key of Vazhavanthal Amman Temple and Vinayagar Temple to Sathiriya Nattathi Nadar Uravinmurai Trust as these temples belong to the said Trust, by considering the representation of the petitioner dated 26.09.2024.

5. The petitioner is the President of Hindu Sathiriya Nattathi Nadar Uravinmurai Trust. There are temples belonging to the said Trust. The seventh respondent, who is a member of the said Trust, was entrusted with the renovation work of Vazhavanthal Amman Temple and Vinayagar Temple, which belong to the said Trust. However, after completion of the renovation work, the seventh respondent refused to hand over the key of the temples to the said Trust. Hence, the petitioner has filed this writ petition.

6. Admittedly, the Trust, namely, Hindu Sathiriya Nattathi Nadar Uravinmurai Trust is a Private Trust and it does not come under the purview of the Hindu Religious & Charitable Endowments Department. Further, the dispute between the petitioner and the seventh respondent is civil in nature and hence, the representation submitted by the petitioner cannot be directed to be considered by the official respondents and the petitioner has to necessarily approach the competent Civil Court for appropriate relief.

7. Accordingly, this writ petition is dismissed as devoid of merits. However, liberty is granted to the petitioner to approach the competent Civil Court for appropriate relief by filing appropriate application. No costs. 07.11.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The District Collector, Office of the Collectorate, Ramanathapuram, Ramanathapuram District.

2.The Superintendent of Police, Office of the Superintendent of Police, Ramanathapuram District.

3.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Ramanathapuram, Ramanathapuram District.

4.The Tahsildar, Office of the Tahsildar, Keelakarai Taluk, Keelakarai, Ramanathapuram District.

5.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Keelakarai Taluk, Keelakarai, Ramanathapuram District.

6.The Inspector of Police, Ervadi Dharga Police Station, Keelakarai Taluk, Keelakarai, Ramanathapuram District.

G.K.ILANTHIRAIYAN , J.

krk 07.11.2024