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J.Vimal Vs the Commissioner — Madras HC (2024) — LawSathi Research

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Madras HC
2024
J.Vimal Vs the CommissionerJ.Vimal v. the Commissioner

Disposed

J.Vimal v. the Commissioner

Madras HC15 Mar 2024WP/6836/2024

Case brief

from the order text

What is this about?

of 2024 IN THE HIGH COURT OF JUDICATURE AT…

What the court decided

AI extract

Outcome

A

W.P. No. 6836 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.03.2024

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU

W.P. No. 6836 of 2024 and W.M.P. No. 7627 of 2024

J.Vimal

… Petitioner

-vs-

The Commissioner,

Hindu Religious and Charitable Endowments Department, Nungambakkam, Chennai.

The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Coimbatore.

Statutes considered

2 provisions across 2 enactments

AI extract

Constitution of IndiaArticle 226
Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959Section 63(e)

Parties & counsel

AI extract

petitioner
J.Vimal
respondent
The Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam, Chennai
respondent
The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Coimbatore
respondent
The Executive Officer, Arulmighu Mariyamman Thirukoil, Puliyakulam, Coimbatore
respondent
The Fit Person, Arulmighu Mariyamman Thirukoil, Puliyakulam, Coimbatore

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 15 Mar 2024 · March
Registered: 12 Mar 2024
Case no.: WP/6836/2024

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Cite this judgement

J.Vimal v. the Commissioner, WP/6836/2024 (MAD), decided on 15 March 2024.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

Constitution of IndiaArticle 226
Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959Section 63(e)

View all statutes

Bench / Coram

P.D. Audikesavalu

Parties & counsel

Disposed

A compact analysis

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.

The Executive Officer, Arulmighu Mariyamman Thirukoil, Puliyakulam, Coimbatore - 641 045.

The Fit Person, Arulmighu Mariyamman Thirukoil, Puliyakulam, Coimbatore - 641 045. ... Respondents

Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, forbearing the Third and Fourth Respondents herein from in any manner preventing the Petitioner's right of erecting Pookambham and Thee Khambam on behalf of Madan Kudumbathar

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

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W.P. No. 6836 of 2024

during the annual festival of Arulmighu Mariyamman Thirukoil, Puliyakularm, Coimbatore scheduled to be held from 26.03.2024.

For Petitioner : Mr. S.V.Karthikeyan For Respondents : Mr. K.Karthikeyan, Government Advocate (for R1 & R2)

Mr. D.Balamurugan (for R3 & R4)

O R D E R

Heard Mr. S.V.Karthikeyan, Learned Counsel for the Petitioner,

Mr. K.Karthikeyan, Learned Government Advocate appearing for the First and Second Respondents and Mr. D.Balamurugan, Learned Counsel for the Third and Fourth Respondents and perused the materials placed on record, apart from the pleadings of the parties.

The Writ Petition has been filed to restrain the Third and Fourth Respondents from preventing the right of the Petitioner to erect Pookambham and Thee Khambam on behalf of Madan Kudumbathar during the annual festival of Arulmighu Mariyamman Thirukoil, Puliyakularm, Coimbatore scheduled to be held from 26.03.2024 in any manner.

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W.P. No. 6836 of 2024

3.

It has been brought to notice that O.A. No. 3 of 2020 has been filed by the Petitioner before the Second Respondent for declaration that Madan Kudumbathar is entitled to erect Pookambham and Thee Khambam during the annual festival of Arulmighu Mariyamman Thirukoil, Puliyakularm, Coimbatore under Section 63(e) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, and after the filing of the Writ Petition on 08.03.2024, he has made an application on 14.03.2024 for the relief sought in this Writ Petition, which has been taken on file as I.A. No. 3 of 2024 by the Second Respondent.

In such circumstances, it shall be incumbent upon the Second Respondent to immediately examine O.A. No. 3 of 2020 along with I.A. No. 3 of 2024 made by the Petitioner, afford full opportunity of hearing to the Petitioner, the Third and Fourth Respondents and all other persons concerned following the prescribed procedure in consonance with the principles of natural justice, deal with each of the contentions raised and pass reasoned orders on merits and in accordance with law and communicate the decision taken to them under written acknowledgment. It is needless to add here that no view has been expressed by the Court on merits of the controversy involved and it would not

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W.P. No. 6836 of 2024

preclude the Second Respondent from passing any order, final or interim, as may be deemed fit in the matter.

In the result, the Writ Petition is disposed on the aforesaid terms. Consequently, the connected Miscellaneous Petition is closed. No costs.

15.03.2024

Index: Yes/No NCC: Yes/No

Note: Issue order copy by 02.04.2024.

vjt

To

The Commissioner,

Hindu Religious and Charitable Endowments Department, Nungambakkam, Chennai.

The Joint Commissioner,

Hindu Religious and Charitable Endowments Department, Coimbatore.

The Executive Officer, Arulmighu Mariyamman Thirukoil, Puliyakulam,

Coimbatore - 641 045.

The Fit Person, Arulmighu Mariyamman Thirukoil, Puliyakulam, Coimbatore - 641 045.

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W.P. No. 6836 of 2024

P.D. AUDIKESAVALU, J.

vjt

W.P. No. 6836 of 2024

15.03.2024

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

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Coram

AI extract

P.D. Audikesavalu

CNR

HCMA010467562024

Bench

P.d.audikesavalu

Disposal

DISPOSED OF

S.Shankar Vs the Deputy Registrar of Co-Operative Societies

15 Mar 2024

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15 Mar 2024