Writ petition seeking a mandamus to open Hundiyals in Tenkasi temples. Court directed the Commissioner to consider the representation on merits and dispose within six weeks.
Directed the first respondent to consider and dispose of the petitioner's representation dated 24.02.2015 within six weeks on its own merits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.[MD]No.5062 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.11.2021 CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR W.P.[MD]No.5062 of 2016 and W.M.P(MD).No.4506 of 2016
Arulmigu Sankaralinga Swami Vagaiyara Devasthanam, Rep. by its Managing Trustee.
: Petitioner
Vs.
Tamil Nadu Hindu Religious and Charitable
Endowments Board,
Nungambakkam, Chennai.
Tamil Nadu Hindu Religious and Charitable
Endowments Board,
Tiruvendram Road,
Palayamkottai Road, Tirunelveli – 2.
: Respondents
PRAYER: Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents herein to consider the petitioner's representation dated 26.10.2015 and pass necessary orders for opening the filled Hundiyals and thereafter permit the petitioner to remove the Hundiyals in Arulmigu Sankaralinga Swamy Temple, Sri Tripurasundari Amman Temple and Sri Vinayagar Temple under the management of Arulmigu Sankaralinga Swami Vagaiyara Devasthanam (Denominational), Tenkasi within a time stipulated by this Court.
For Petitioner : Mr.S.Vashik Ali for Mr.D.Nallathambi
For Respondents : Mr.A.Baskaran, Additional Government Pleader
O R D E R
Mr.S.Vashik Ali, learned counsel representing the counsel on record for writ petitioner and Mr.A.Baskaran, learned Additional Government Pleader on behalf of both the respondents are before this Court.
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W.P.[MD]No.5062 of 2016
3. Case of the writ petitioner is that there is a decree that said Temple is a denominational temple, I refrain myself from expressing any opinion on this submission and I do not propose to delve into it owing to the limited prayer. The limited prayer is that the writ petitioner has sent a representation dated 24.02.2015 inter alia with a request to open the filled Hundiyals in the said Temple and thereafter remove the Hundiyals.
4. Learned State counsel, on instructions, submits that the writ petitioner has not submitted accounts and I refrain myself from expressing any opinion on this submission also, owing to the narrow compass on which the matter turns.
5. As the prayer is for a simple mandamus qua representation dated 24.02.2015, the first respondent is directed to consider, dispose of the representation of the writ petitioner on its own merits, in accordance with law as expeditiously as his/her business would permit and in any event within six weeks from today i.e., on or before 06.01.2022. The order/proceedings disposing of writ petitioner's representation shall be communicated to the writ petitioner under due acknowledgement within seven working days from the date of disposal.
6. Captioned writ petition is disposed of with the aforementioned simple directive. Consequently, connected miscellaneous petition is disposed of as closed. There shall be no order as to costs.
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
pkn
To
Tamil Nadu Hindu Religious and Charitable Endowments Board,
https://hcservices.ecourts.gov.in/hcservices/ Nungambakkam, Chennai.
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W.P.[MD]No.5062 of 2016
Tiruvendram Road,
Palayamkottai Road, Tirunelveli – 2.
W.P.[MD]No.5062 of 2016 and W.M.P(MD).No.4506 of 2016 25.11.2021
PS(CO) SB(02.12.2021) 3P 5C
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1 issue framed by the court
Whether the writ petitioner is entitled to a writ of mandamus directing the Children's Court to consider a representation.
1 provisions across 1 enactments
Arulmigu Sankaralinga Swami Vagaiyara Devasthanam
Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments Board
Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments Board
M. Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
