The petitioner filed a writ petition seeking a declaration of his customary right to participate in the 'Ther Mariyathai' ceremony of the Respondent temple. The Court held that no material or prima facie case was established as the right required a detailed enquiry with witnesses.
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.10939 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.06.2022
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
W.P(MD).No.10939 of 2022
Senthilnathan
... Petitioner
Vs.
1.The Joint Commissioner, Hindu Religious and Charitable Endowment, No.40, Muthusamy Nagar, Thiruppathur Road, Sivagangai-630 561.
2.The Executive Officer, Shri Arulmigu Vishwanathar Agilandeswari Temple, Ezhuvankottai,
Sivagangai District. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to decide the petitioner's interim prayer which has been sought for in the application, dated 02.06.2022 under Section 63 (e) of the Tamilnadu Hindu Religious and Charitable Endowments Act before 11.06.2022.
For Petitioner : Mr.C.M.Mari Chelliah Prabhu For R1 : Mr.P.T.Thiraviam Government Advocate For R2 : Mr.G.Madhavan Standing Counsel
ORDER
The prayer sought for in this writ petition is that the petitioner has sent an application petition under Section 63 (e) to the Joint Commissioner, Sivagangai, dated 02.06.2022 seeking declaration of his right with regard to “Ther Mariyathai”.
1/2
W.P(MD).No.10939 of 2022
Sd/-
Assistant Registrar (CS I)
// True Copy //
/ /2022 Sub Assistant Registrar(CS)
sn
To
1.The Joint Commissioner,
Hindu Religious and Charitable Endowment, No.40, Muthusamy Nagar, Thiruppathur Road, Sivagangai-630 561.
2.The Executive Officer,
Shri Arulmigu Vishwanathar Agilandeswari Temple, Ezhuvankottai,
Sivagangai District.
+1 CC to M/s.C.M.MARI CHELLIAH PRABHU, Advocate ( SR-24564[F] dated 08/06/2022 )
+1 CC to M/s.SPL.GP ( SR-24901[F] dated 09/06/2022 )
W.P(MD).No.10939 of 2022 08.06.2022
SS(14/06/2022) 2P 5C
2/2
2 issues framed by the court
Whether the petitioner can maintain a writ petition seeking a declaration of his customary right to participate in 'Ther Mariyathai' based solely on apprehension before a detailed enquiry.
Whether the Court can direct the respondents to decide the petitioner's stray application which requires detailed enquiry into witnesses.
Senthilnathan
The Joint Commissioner, Hindu Religious and Charitable Endowment
The Executive Officer, Shri Arulmigu Vishwanathar Agilandeswari Temple
M. Nirmal Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
