Dhamodharan v. The Joint Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Dhamodharan .. Petitioner Vs.

1.The Joint Commissioner, Hindu Religious and Charitable Endowment Board, Ellis Nagar, Madurai.

2.The Assistant Commissioner, Hindu Religious and Charitable Endowment Board, Ellis Nagar, Madurai.

3.The Registrar of Societies, District Registrar, Madurai South, Madurai District.

4.Vimalchakravarthi .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the first and second respondents not to pass any adverse order without conducting due enquiry based on the petitioner's representation dated 17.10.2024.

For Petitioner :

Mr.M.Suresh For R1 to R3 :

Mr.P.Subbaraj Special Government Pleader

ORDER

The petitioner has filed this writ petition to direct the first and second respondents not to pass any adverse order without conducting due enquiry based on the petitioner's representation dated 17.10.2024.

2. It is submitted that an application has been made by the fourth respondent to the first respondent to take over a temple viz., Sri Ayyappan Temple at Sholavandan. The petitioner is the Secretary of Sri Sabari Sastha Ayyappa Paktharkal Welfare Society and would submit that the temple is being managed by the said Society. Therefore, he only wanted a limited prayer that if the application of the fourth respondent is being considered by the first respondent, opportunity should be given to the petitioner or otherwise, the rights of the society would be affected.

3. Considering the limited prayer sought for in the writ petition, notice to the fourth respondent is dispensed with.

4. Mr.P.Subbaraj, learned Special Government Pleader takes notice on behalf of respondents 1 to 3.

5. As the petitioner only seeks an opportunity of hearing on the application filed by the fourth respondent and considering the fact that the temple is being managed by Sri Sabari Sastha Ayyappa Paktharkal Welfare Society, of which the petitioner is the Secretary and also the fact that the petitioner had already represented to the first and second respondents on 17.10.2024 seeking for an opportunity of hearing, there shall be a direction to the first and second respondents that whenever they decide to take up the application of the fourth respondent in respect of the taking over of the temple indicated above, they shall also give an opportunity to the petitioner and thereafter, pass appropriate orders in accordance with law.

6. With the aforesaid direction, this Writ Petition is allowed. There shall be no order as to costs.

06.11.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr To 1.The Joint Commissioner, Hindu Religious and Charitable Endowment Board, Ellis Nagar, Madurai.

2.The Assistant Commissioner, Hindu Religious and Charitable Endowment Board, Ellis Nagar, Madurai.

3.The Registrar of Societies, District Registrar, Madurai South, Madurai District.

K.KUMARESH BABU, J.

abr Dated: 06.11.2024