Allowed

Shanmugasundaram v. The Commissioner

Madras HC24 Mar 2023WP(MD)/6383/2023

Case brief

AI extract

What is this about?

In a writ petition filed under Article 226, the Madurai Bench directed the HR&CE Commissioners and the Temple Executive Officer to initiate police action against unauthorized individuals collecting funds for a temple festival, following a petitioner's representation.

What did the court decide?

Writ of Mandamus issued directing respondents 1, 2 to take action against 3, 4; Executive Officer to lodge police complaint.

Shanmugasundaram Vs The Commissioner — Constitutional and Fundamental Rights | Madras HC (2023)

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W.P.(MD)No.6383 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 24.03.2023

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CORAM:

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THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

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AND

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THE HONOURABLE MRS. JUSTICE L.VICTORIA GOWRI

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W.P.(MD)No.6383 of 2023 and

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W.M.P(MD)No.6044 of 2023

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Shanmugasundaram : Petitioner

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Vs.

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1.The Commissioner, H.R & C.E., Department, Chennai.

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2.The Joint Commissioner, H.R & C.E., Department, Thoothukudi District.

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3.The Executive Officer, Teppakulam Arulmighu Sri Mariamman Thirukovil, Thoothukudi – 2.

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1/5

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https://www.mhc.tn.gov.in/judis

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4.The Fit Person, Teppakulam Arulmighu Sri Mariamman Thirukovil, Thoothukudi – 2.

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W.P.(MD)No.6383 of 2023

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: Respondents

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PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus to direct the respondents 1 and 2 to take appropriate actions against the respondents 3 and 4 for unauthorizedly collecting funds in the name of the festival committee of Arulmighu Teppakulam Sri Mariamman Thirukovil situated in Melur, Thoothukudi District based on the representation given by the petitioner dated 01.02.2023.

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For Petitioner : Mr.K.Jeyamohan

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For Respondents : Mr.P.Subbaraj Spl. Govt. Pleader for R1 and R2

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ORDER

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(Order of the Court was made by R.SUBRAMANIAN, J)

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The petitioner seeks for issuance of a Writ of Mandamus to direct the respondents 1 and 2 to take appropriate actions against the respondents 3 and 4 for unauthorizedly collecting funds in the name of the festival

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2/5

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.6383 of 2023

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committee of Arulmighu Teppakulam Sri Mariamman Thirukovil situated in Melur, Thoothukudi District based on his representation dated 01.02.2023.

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2.Mr.P.Subbaraj, learned Special Government Pleader takes notice for

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the respondents 1 and 2. By consent, this writ petition is taken up for final disposal at the admission stage itself.

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3.The Executive Officer of the Temple is present. She would state that she has not authorized any collection of funds for the Kodai Urchava Vizha 2023 at Teppakulam Arulmighu Sri Mariamman Temple, Melur, Thoothukudi. The petitioner has filed certain receipts and invitation describing certain persons as festival committee.

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In view of the above fact, the Executive Officer is required to lodge a police complaint to prevent such unauthorized representations and collection being made. Mr.S.Ravi, learned Additional Public Prosecutor is required to instruct the police to take suitable action to prevent such collection.

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3/5

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.6383 of 2023

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5.This Writ Petition is disposed of with the above directions. No

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costs. Consequently, connected miscellaneous petition is closed.

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[R.S.M., J.] & [L.V.G., J.] 24.03.2023

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NCC : Yes/No Index : Yes/No Internet : Yes skn To 1.The Commissioner, H.R & C.E., Department, Chennai.

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2.The Joint Commissioner, H.R & C.E., Department, Thoothukudi District.

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3.The Executive Officer, Teppakulam Arulmighu Sri Mariamman Thirukovil, Thoothukudi – 2.

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4/5

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.6383 of 2023

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R.SUBRAMANIAN., J

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AND L.VICTORIA GOWRI.,J

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skn

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W.P.(MD)No.6383 of 2023 and W.M.P(MD)No.6044 of 2023

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24.03.2023

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5/5

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https://www.mhc.tn.gov.in/judis

Shanmugasundaram v. The Commissioner

Case brief

What is this about?

What did the court decide?

Shanmugasundaram v. The Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

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