This writ petition sought a mandate to direct the Assistant Commissioner to appoint trustees under the Tamilnadu Hindu Religious and Charitable Endowments Act following temple administration disputes.
Direction to respondent to consider petition dated 13.07.2015 and pass orders by affording hearing to parties within four months.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :21.08.2015
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH
W.P(MD).No.14599 of 2015
Subramanian ... Petitioner
Vs.
The Assistant Commissioner, Hindu Religious & Charitable Endowment, Aiynthumunai Road, Paramakudi, Ramanathapuram District.
... Respondent
This Writ Petition has been filed under Article 226 of Constitution of India praying for a Writ of Mandamus directing the respondent to act on the petition given by the petitioner and others on 13.07.2015 to take action under Section 49(1) read with Section 47 of Tamilnadu Hindu Religious and Charitable Endowments Act, 1959 and appoint trustees and also fit person for the Administration and Management of Mariamman Temple situated in Athangudi Village, Neivayal Post, Thirvadanai Taluk, Ramanathapuram District.
For petitioner : Mr.S.Natarajan
For Respondent : Mr.R.Velmurugan Government Advocate
ORDER
The Writ Petition has been filed praying for a Writ of Mandamus directing the respondent to act on the petition given by the petitioner and others on 13.07.2015 to take action under Section 49(1) read with Section 47 of Tamilnadu Hindu Religious and Charitable Endowments Act, 1959 and appoint trustees and also fit person for the Administration and Management of Mariamman Temple situated in Athangudi Village, Neivayal Post, Thirvadanai Taluk, Ramanathapuram District.
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Village. In the said village, there is a mariamman temple. Few persons from the village formed one group and claiming control over the temple and its administration and prevented the other people from worshipping the deity. The people of the village used to celebrate Vaiakasi Sevvai function every year. The petitioner and other villagers made arrangements to celebrate the Vaikasi Sevvai on 19.05.2015 and sought for protection from revenue and police department. But the said group of people, who are controlling the administration of the temple and preventing the other group of people, filed W.P.No.9109 of 2015 to prohibit the other village people from conducting the festival in the temple. After taking note of the dispute, this Court disposed of the Writ Petition with a direction to work out the remedy in accordance with law. While so, on 03.08.2015, when the petitioner along with his family members went to the temple for worshipping the deity, they were not permitted to enter into the temple. Therefore, the petitioner along with other people, submitted a petition before the respondent to appoint a fit person under Section 49(1) of Hindu Religious and Charitable Endowments Act. Since the same was not considered so far, the petitioner has come forward with this Writ Petition for the above stated relief.
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With the above direction, the Writ Petition is disposed of. No Costs.
SD/ASSISTANT REGISTRAR(T&P)
/TRUE COPY/
SUB ASSISTANT REGISTRAR
pm To
The Assistant Commissioner, Hindu Religious & Charitable Endowment, Aiynthumunai Road, Paramakudi, Ramanathapuram District.
+1 CC TO MR.S.NATARAJAN, ADVOCATE, SR NO:48425
JAM/JGB-DP/SAR-AD/8.9.15/3P-3C
W.P(MD).No.14599 of 2015
21.08.2015
1 issue framed by the court
Whether the Writ Petitioner is entitled to a direction to appoint a fit person for the administration of the Mariamman Temple under Tamilnadu Hindu Religious and Charitable Endowments Act.
2 provisions across 2 enactments
Subramanian
The Assistant Commissioner, Hindu Religious & Charitable Endowment
R.Subbiah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
