Karuppaiyah v. The Joint-Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Karuppaiyah ... Petitioner /vs./ 1.The Joint Commissioner, Hindu Religious and Charitable Endowments Dept., Trichy District.

2.The Executive Officer/Thakkar, Arulmighu Periyanadavar and Karuppasamy Temple Cum Arulmighu Kadampavaneswarar Temple, Varavanai, Veppangudi, Kadavur Taluk, Karur District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct the second respondent to permit the petitioner to perform the Pooja works i.e., Mani Adikkum Pandaari in the Arulmighu Periyandavar and Karuppasamy Temple situated at Varavanai, Veppangudi, Kadavur Taluk, Karur District in the light of the Pooja work scheduled passed by the second respondent dated on 01.10.2015 within the period that may be stipulated by the Court.

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For Petitioner : Mr.G.Chezhiyan For Respondents : Mr.P.Subburaj Spl G.P., for R1 Mr.P.Athimoola Pandian for R2

ORDER

This Writ Petition had been filed seeking for a Mandamus to permit the petitioner to perform the pooja works as per the Muchalika 1978 as has been affirmed by the Executive Officer namely the second respondent herein in his order dated 01.10.2015.

2.Heard Mr.G.Chezhiyan, learned counsel appearing for the petitioner, Mr.P.Subbaraj, learned Special Government Pleader appearing for the first respondent and Mr.P.Athimoolu Pandian, learned counsel appearing for the second respondent.

3. When the petitioner makes a claim of right to perform his rites, it is only open for him to approach the Joint Commissioner by invoking his power under Section 63(e) of the HR&CE, this Court cannot entertain this Writ Petition under Article 226, as it may involve the rights of various other individuals also.

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4. In such circumstances, this Writ Petition is disposed of with a direction to the petitioner to approach the first respondent by taking out necessary application as provided under Section 63(e) of the HR&CE Act. As and when such an application is filed, the first respondent shall consider the same and pass orders on merits in accordance with the law. However, there shall be no order as to costs.

Index : Yes / No 12.12.2024 Internet : Yes / No gba To 1.The Joint Commissioner, Hindu Religious and Charitable Endowments Dept., Trichy District.

2.The Executive Officer/Thakkar, Arulmighu Periyanadavar and Karuppasamy Temple Cum Arulmighu Kadampavaneswarar Temple, Varavanai, Veppangudi, Kadavur Taluk, Karur District.

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K.KUMARESH BABU, J.

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