Disposed

Venkatesan S v. the District Collector

Madras HC25 Feb 2022WP(MD)/3608/2022

Case brief

AI extract

What is this about?

Regarding a petition to hold religious ceremonies at a family deity temple, the Court referred previous orders directing the use of statutory remedies. It directed the District Collector to convene the parties to consider representations and pass appropriate orders within a specific timeframe.

What did the court decide?

Direction to the first respondent to call upon the petitioner and private respondents and pass appropriate orders on 28.02.2022 after considering the petitioner's representation.

Venkatesan S Vs the District Collector — Pension and Retirement Benefits | Madras HC (2022)

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W.P(MD)No.3608 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 25.02.2022

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CORAM

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THE HONOURABLE MR.JUSTICE C.SARAVANAN

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W.P(MD).No.3608 of 2022

S.Venkatesan

... Petitioner

Vs.

1.The District Collector, Sivagangai District, Sivagangai. 2.The Tahsildar, Thiruppathaur Taluk, Sivagangai District. 3.The Assistant Commissioner, Hindu Religious and Charitable Endowment, Sivagangai District, Sivagangai.

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4.Marimuthu 5.C.Vellaikkannu 6.C.Rajendran ...Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 3 to allow the petitioner's branch namely Sangili Kangani Branch to perform the pooja service from 01.03.2022 to 10.03.2022 the petitioner's family deity temple namely “Chinnaiah Temple” situated at Thenmapattu Village, Thiruppathur Taluk, Sivagangai District.

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For Petitioner : Mr.P.Aju Tagore For R1 to R3 : Mr.P.Subbaraj Special Government Pleader

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ORDER

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After hearing the learned counsel for the petitioner and the learned counsel for the officical respondents 1 to 3, this writ petition is disposed of by dispensing with the notice on the private respondents 4 to 6, as no adverse orders are proposed to be passed.

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https://hcservices.ecourts.gov.in/hcservices/

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W.P(MD)No.3608 of 2022

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It is the case of the petitioner that the petitioner and his group are entitled to perform religious ceremony in the temple concerned during the month of Mdp, Gul;lhrp, khh;fop, gq;Fdp whereas the private respondents 4 to 6 are entitled to perform religious ceremony during the month of itfhrp, Mtzp, fhh;j ;jpif, khrp. In this connection, the private respondents 5 and 6 had already approached this Court in W.P.(MD).Nos.2098 of 2022 and 22432 of 2021 and both these writ petitions are disposed of by two separate orders, dated 02.02.2022 and 17.12.2021 respectively. By these Court orders, this Court had directed the private respondents, namely, respondents 5 and 6 herein to work out the remedy before the authorities under Section 63 (e) of the Hindu Religious and Charitable Endowments Act, 1959.

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The learned counsel for the petitioner submits that in the temple, the family deity is there and though the petitioner has no exclusive right to conduct religious ceremony during the month of khrp since the private respondents 5 and 6 are fighting for the religious ceremony is not being held and therefore in this connection, the petitioner has sent a representation dated 14.02.2022. There is no merits in the claim of exclusive right to perform the religious ceremony during the month of khrp. However, since the said ceremony is not being held due to the infighting between the private respondents herein, I am inclined to dispose the writ petition by directing the first respondent to consider the petitioner's representation, dated 14.02.2022 after calling upon the private respondents herein. Since the festival is to be started from 01.03.2022 till 10.03.2022, the first respondent shall call upon the peititoner and the private respondents and pass appropriate orders on 28.02.2022. No costs.

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Assistant Registrar(AS)

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// True Copy //

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/ /2022 Sub Assistant Registrar(CS)

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Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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https://hcservices.ecourts.gov.in/hcservices/

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W.P(MD)No.3608 of 2022

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1.The District Collector, Sivagangai District, Sivagangai.

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2.The Tahsildar, Thiruppathaur Taluk, Sivagangai District.

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3.The Assistant Commissioner, Hindu Religious and Charitable Endowment, Sivagangai District, Sivagangai.

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+1 CC to M/s.P.AJUTAGOR, Advocate ( SR-8629[F] dated 25/02/2022 )

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W.P(MD).No.3608 of 2022 25.02.2022

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svs(CO) TR(25.02.2022) 3P 5C

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https://hcservices.ecourts.gov.in/hcservices/

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Venkatesan S v. the District Collector

Case brief

What is this about?

What did the court decide?

Venkatesan S v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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