BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
M. DHANDAPANI, J.
R. Ramar – Appellant
Versus
The Deputy Commissioner, Hindu Religious & Charitable Endowment Department, Madurai & Others – Respondents
W.P. (MD)No. 11343 of 2023 & W.M.P (MD). No. 9872 of 2023
Decided On : 04-05-2023
Mandamus - Temple Festival - Implementation of Order
Fact of the Case:
The petitioner filed a writ petition seeking a direction to implement an order appointing a fit person for conducting regular poojas and festivals at a temple due to mismanagement.
Finding of the Court:
The court, without delving into the merits of the matter, directed the third respondent to implement the order as expeditiously as possible, if there is no legal impediment.
Issues: Implementation of order for temple management
Ratio Decidendi: The court's decision was based on the limited request made by the petitioner and the assurance from the respondents that the order would be implemented if there is no legal impediment.
Final Decision: The writ petition was disposed of with a direction to the third respondent to implement the order, and no costs were imposed.
JUDGMENT
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the third respondent to implement the order passed by the second respondent in proceedings in Se.Mu.Na.Ka.No.678/2019/A3 dated 20.04.2023 in connection with the temple festival being conducted from 02.05.2023 till 05.05.2023 at Arulmighu Sri Kammala Karuppasamy Temple situated at Watrap Village, Srivilliputhur Taluk, Virudhunagar District.)
1. This writ petition has been filed for a direction to the third respondent to implement the order passed by the second respondent vide proceedings in Se.Mu.Na.Ka.No.678/2019/A3 dated 20.04.2023 in connection with the temple festival being conducted from 02.05.2023 till 05.05.2023 at Arulmighu Sri Kammala Karuppasamy Temple situated at Watrap Village, Srivilliputhur Taluk, Virudhunagar District.
2. The learned counsel appearing for the petitioner would submit that the petitioner is a resident of Watrap Post, Srivilliputhur Taluk, Virudhunagar District and the worshipper of the God of Arulmighu Kammala Karuppasamy Temple situated at Watrap. While so, there was a mismanagement in the said temple and thereby, the second respondent has passed an order on 20.04.2023 appointing the third respondent as fit person to the said Temple for conducting regular poojas and other festivals. However, the said order has not been implemented till today. Hence, the present Writ Petition has been filed.
3. The learned counsel appearing for the petitioner would submit that it would suffice, if this Court directs the third respondent to implement the order passed by the second respondent within a reasonable time fixed by this Court.
4. The learned Additional Government Pleader appearing for the respondents 1 to 5 would submit that the order dated 20.04.2023 will be implemented by the third respondent, if there is no legal impediment.
5. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents 1 to 5.
6. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the third respondent to implement the order dated 20.04.2023 passed by the second respondent as expeditiously as possible, if there is no legal impediment.
7. With the above direction, this Writ Petition is disposed of. No costs. Connected miscellaneous petition is closed.
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