Arulmigu Vandi Karuppana Swami Thirukovil v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.09.2024

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P(MD).Nos.24172 and 24173 of 2023 Arulmigu Vandi Karuppana Swami Thirukovil, Thangammapatti, Vedachandur Taluk, Dindigul District, Represented by its Hereditary Trustee, A.Renganathan ... Petitioner Vs.

1.The Commissioner, Hindu Religious and Charitable Endowment Department, Chennai - 34.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Dindigul.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Dindigul.

4.The Executive Officer, Arulmigu Vandikaruppana Swamy Thirukovil, Thangammapatti, Dindigul District.

5.P.Rajendran 1/6

6.A.Karuppiah 7.P.Murugan 8.G.Kaliappan 9.P.Ayyan Ambalam 10.G.Chinnasamy 11.M.Perumal ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, calling for the entire records pertaining to the order passed by the second respondent in O.A.No.50 of 2022 (Originally O.A.No.7 of 2018) dated 31.10.2023 in respect of granting permission to the respondents 5 to 11 for having a right so as to cause Abishekam, Alangaram, Deepam Kattudhal, Nei Veidhiyam and Vibudhi Kuduthal to the deity by name Arulmigu Vandi Karuppana Swamy situated at Thangamapatti Village, Vedasantur Taluk, Dindigul District as a ''honor'' in terms of Section 63(e) of Hindu Religious and Charitable Endowment Act and quash the ame. For Petitioner : Mr.R.Anand For R-1 to 3 : Mr.K.S.Selva Ganesan Additional Government Pleader For R-5 and : Mr.M.Ajmal Khan and 7 to 11 Senior Advocate For M/s.Ajmal Associates For R-6 : Mr.S.Rajasekar 2/6

O R D E R

The present Writ Petition is filed challenging the order passed by the second respondent in O.A.No.50 of 2022 (Originally O.A.No.7 of 2018) dated 31.10.2023, whereby permission was granted to the respondents 5 to 11 to perform Abishekam, Alangaram, Deepam Kattudhal, Nei Veidhiyam and Vibudhi Kuduthal to the deity by name Arulmigu Vandi Karuppana Swamy situated at Thangamapatti Village, Vedasantur Taluk, Dindigul District as customary rights / honor in terms of Section 63(e) of Hindu Religious and Charitable Endowment Act.

2. The learned Additional Government Pleader for respondents 1 to 3 made an objection stating that the order in question is appealable in terms of Section 69(1) of the Act before the Commissioner of the Hindu Religious and Charitable Endowment Department.

3. At this juncture, the learned counsel for the petitioner submitted that the petitioner may be granted liberty to file an appeal under Section 69 of the Act and may also be permitted to move an application for stay and that interim 3/6

application may be disposed of within the time limit that may be stipulated by this Court, to which the learned Additional Government Pleader as well as the learned counsel for 6th respondent did not have any serious objections.

4. In view thereof, this Court grants liberty to the petitioner to file an appeal within a period of two weeks from the date of receipt of a copy of this order along with the stay application and the appeal shall be disposed of within a period of three months therefrom. If any stay application is filed, the same shall be decided within a period of three weeks from the date of filing of the application.

5. Accordingly, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 11.09.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr Note: Issue Order Copy on 13.09.2024.

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To:

1.The Commissioner, Hindu Religious and Charitable Endowment Department, Chennai - 34.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Dindigul.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Dindigul.

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MOHAMMED SHAFFIQ, J.

Nsr 11.09.2024 6/6