R. Rajasundar Vs The Commissioner — Writ and Judicial Review | Madras HC (2025)

R. Rajasundar Vs The Commissioner — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of with a direction to the second respondent (Joint Commissioner, Hindu Religious and Charitable Endowment Department, Madurai) to consider the petitioner's representation dated 21.12.2024 and pass orders on merits and in accordance with law within four weeks, after affording an opportunity of hearing to the petitioner and any other interested persons; no order as to costs.

Issue for consideration

Whether a writ of mandamus should issue directing Respondents 2 and 3 to act upon the petitioner's representation dated 21.12.2024 relating to the conduct of the 'Mahasivarathiri Maasi Thiruvizha' and associated programmes at Rajadhani Ooranda Urappanur Arulmigu Sundaravalli Amman Thirukoil, scheduled from 25.02.2025 to 27.02.2025.

Court's answer

Without going into the merits of the case raised by the petitioner as well as the respondents, the Court directed the second respondent to consider the petitioner's representation dated 21.12.2024 and pass orders on merits and in accordance with law within a period of four weeks.

Ratio / Principle

While considering the representation, the second respondent shall afford an opportunity of hearing to the petitioner and any other interested persons.

Detailed headnote1 paragraphs

Writ Petition (Madurai Bench) under Article 226 of the Constitution of India seeking a writ of mandamus directing Respondents 2 and 3 (HR&CE authorities) to conduct the 'Mahasivarathiri Maasi Thiruvizha' and associated programmes at Rajadhani Ooranda Urappanur Arulmigu Sundaravalli Amman Thirukoil near Sithalai village, Thirumangalam Taluk, Madurai District, scheduled from 25.02.2025 to 27.02.2025, by considering the petitioner's representation dated 21.12.2024 in the light of the order in W.P.(MD) Nos.3232, 3242 and 3248 of 2020 dated 18.02.2020. Without going into the merits, K. Kumaresh Babu, J., directed the second respondent (Joint Commissioner, HR&CE Department, Madurai) to consider the petitioner's representation and pass orders on merits and in accordance with law within four weeks, affording an opportunity of hearing to the petitioner and any other interested persons. Writ petition disposed of; no order as to costs.

W.P.(MD) No.2084 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 27.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU

W.P.(MD) No.2084 of 2025

R.Rajasundar

.. Petitioner

Vs.

1.The Commissioner,

Hindu Religious and Charitable Endowment Department,

No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai-600 034.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department,

Madurai-625 016.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department,

Madurai-625 016.

4.The Tahsildar, Thirumangalam Taluk, Madurai District.

5.The Superintendent of Police, Madurai District, Madurai.

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W.P.(MD) No.2084 of 2025

6.The Deputy Superintendent of Police, Thirumangalam, Madurai District.

7.The Inspector of Police, Taluk Police Station, Thirumangalam, Madurai District.

8.The Thakkar, Arulmigu Sundaravalli Amman Thirukoil, Near Sithalai Village, Thriumangalam Taluk, Madurai District.

9.Thangavairan @ N.S.Vairan .. Respondents

Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the Respondents 2 and 3 to conduct “Mahasivarathiri Maasi Thiruvizha” and associated programs at Rajadhani Ooranda Urappanur Arulmigu Sundaravalli Amman Thirukoil, situated near Sithalai village, Thirumangalam Taluk, Madurai District scheduled from 25.02.2025 to 27.02.2025 by considering the petitioner's representation dated 21.12.2024 in the light of the order passed in W.P.(MD) Nos.3232, 3242 and 3248 of 2020 dated 18.02.2020.

For Petitioner : Mr.P.Balamurugan

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W.P.(MD) No.2084 of 2025

For R1 to R4	:	Mr.P.Subbaraj Special Government Pleader
For R5 to R7	:	Ms.M.Aasha
		Government Advocate (Crl. Side)
For R8	:	Mr.K.Anandraj

ORDER

Heard Mr.P.Balamurugan, learned counsel for the petitioner, Mr.P.Subbaraj, learned Special Government Pleader for respondents 1 to 4, Ms.M.Aasha, learned Government Advocate (Crl. Side) for respondents 5 to 7 and Mr.K.Anandraj, learned counsel for the eighth respondent.

Without going into the merits of the case raised by the petitioner as well as the respondents, considering the fact that a representation has been made by the petitioner on 21.12.2024 and also the fact that the “Mahasivarathiri Maasi Thiruvizha” is scheduled to be conducted from 25.02.2025 to 27.02.2025, there shall be a direction to the second respondent to consider the representation of the petitioner and pass

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W.P.(MD) No.2084 of 2025

orders on merits and in accordance with law within a period of four weeks from today. It is made clear that while considering the representation, the second respondent shall afford an opportunity of hearing to the petitioner and any other interested persons.

With the aforesaid direction, this Writ Petition stands disposed

of. There shall be no order as to costs.

27.01.2025

Note: Issue order copy by 27.01.2025

NCC : Yes/No Index : Yes/No Internet : Yes

abr

To

1.The Commissioner, Hindu Religious and Charitable Endowment Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai-600 034.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Madurai-625 016.

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W.P.(MD) No.2084 of 2025

3.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department,

Madurai-625 016.

4.The Tahsildar, Thirumangalam Taluk, Madurai District.

5.The Superintendent of Police, Madurai District, Madurai.

6.The Deputy Superintendent of Police, Thirumangalam, Madurai District.

7.The Inspector of Police, Taluk Police Station, Thirumangalam, Madurai District.

8.The Thakkar, Arulmigu Sundaravalli Amman Thirukoil, Near Sithalai Village, Thriumangalam Taluk, Madurai District.

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W.P.(MD) No.2084 of 2025

K.KUMARESH BABU, J.

abr

W.P.(MD) No.2084 of 2025

Dated: 27.01.2025

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