Ramesh M v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :02.12.2022
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ M.Ramesh ... Petitioner Vs.
1.The Commissioner, Hindu Religious and Charitable Endowments Administration Department, Nungambakkam, Chennai 34.
2.The Joint Commissioner, Hindu Religious and Charitable Endowments Administration Department, Trichy.
3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Administration Department, Trichy.
4.The Executive Officer, A/m.Sapthakaneeswarar Temple, Lalkudi, Trichy.
5.A/m.Balagurunathasamy Sametha Angalaparameswari Amman Thirukovil Rep.by D.Balasubramanian Hereditary Trustee Senthamangudi Village,
Hamlet of Ayyampalayam Village, Musiri Taluk, Trichy District.
6.D.Balasubramaniam, 7.A.Marimuthu ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondent 1 to 3 to direct the 5th and 7th respondent herein to permit the participation in the Kumbabisegam Festival and to receive the contribution from the 100 families of Dharitchiar Gothram of 24 Manai Telungu Chettiar Community located in Mettupalayam and Kothamangalam Village towards the Kumbabisegam festival of Arulmigu Ayyampalayam Balagurunathasamy Sametha Angalaparameswari Amman Thirukovil at Senthamangudi Village, Musiri Taluk, Trichy District commencing from 04.12.20225, based on the representation of the petitioner dated 28.11.2022. For Petitioner :Mr.B.Prasanna Vinoth For Respondents :Mr.P.Subbaraj Special Government Pleader
O R D E R
The present writ petition is fileddirecting the respondent 1 to 3 to direct the 5th and 7th respondent herein to permit the participation in the
Kumbabisegam Festival and to receive the contribution from the 100 families of Dharitchiar Gothram of 24 Manai Telungu Chettiar Community located in Mettupalayam and Kothamangalam Village towards the Kumbabisegam festival of Arulmigu Ayyampalayam Balagurunathasamy Sametha Angalaparameswari Amman Thirukovil at Senthamangudi Village, Musiri Taluk, Trichy District commencing from 04.12.20225, based on the representation of the petitioner dated 28.11.2022. 2.The learned Special Government Pleader, appearing on behalf of the Respondents 1 to 3 submits that the above representation dated 28.11.2022 would be considered and orders passed on merits and in accordance with law.
3.Considering the limited scope of the prayer sought for in this writ petition, this writ petition is disposed of with the following directions: (i) The petitioner is at liberty to rely upon any docuemnts including the order/judgment of this Court in support of his prayer, if any. (ii)The 3rd respondents herein shall consider the representation of
the petitioner, dated 28.11.2022 and pass appropriate orders on merits and in accordance with law, after affording reasonable opportunity to the petitioner and other stake holders/interested parties, if any. (iii) It is open to the 3rd Respondent/Assistant Commissioner, to seek police protection if situation/circumstance demands. If a request for police protection is made, the same shall be provided by the Police Department.
(iv)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 same on its own merits and in accordance with law. No costs.
02.12.2022 Index : Yes / No Speaking Order/Non Speaking Order sbn Issue order copy today (02.12.2022)
To 1.The Commissioner, Hindu Religious and Charitable Endowments Administration Department, Nungambakkam, Chennai 34.
2.The Joint Commissioner, Hindu Religious and Charitable Endowments Administration Department, Trichy.
3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Administration Department, Trichy.
4.The Executive Officer, A/m.Sapthakaneeswarar Temple, Lalkudi, Trichy.
5.A/m.Balagurunathasamy Sametha Angalaparameswari Amman Thirukovil Rep.by D.Balasubramanian Hereditary Trustee Senthamangudi Village, Hamlet of Ayyampalayam Village, Musiri Taluk, Trichy District.
MOHAMMED SHAFFIQ, J.
sbn 02.12.2022