2022 Supreme(Online)(MAD) 35280
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.11.2022 CORAM THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ W.P.(MD)No.25607 of 2022 S.Shanmugam ... Petitioner Vs.
1. The Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam, Chennai – 600 034.
2. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Thoothukudi Zone, Thoothukudi.
3. The Executive Officer, Arulmigu Kasiviswanathar Thirukovil, Tenkasi District. 4. The Inspector, Hindu Religious and Charitable Endowments Department, Tenkasi District. ....Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the Respondents to avail with the benefits of the scheme of “Oru Kala Pojjari” and to continue to perform “Oru Kala Poojari” at Anaimel Ayyanar Thirukoil, Tenkasi District.
For Petitioner : Mr.S.Micheal Heldon Kumar For Respondents : Mr.N.Ramesh Arumugam Govt. Advocate for R1, R2 & R4
O R D E R
The learned counsel for the Petitioner submitted that the Petitioner's family members have been performing poojas for the past three generations as “Oru Kala Poojari” in “Anaimel Ayyanar Thirukoil”, Tenkasi District. On 09.09.2022, the Petitioner was unable to perform the pooja in view of his ill-health. He further submitted that the Manager of the Temple, has closed the Temple and has taken the Temple keys and is not permitting the Petitioner's son to perform pooja, without putting the Petitioner on notice. Aggrieved, the Petitioner sent a legal notice on 06.10.2022 to the Respondents, to take immediate steps to return the Temple keys, so that, the Petitioner would continue to perform the pooja. He further submitted that the Petitioner is also facing severe financial crisis, in view of the fact that in the absence of performing pooja, the Hindu Religious and Charitable Endowments Department has stopped his monthly remuneration nor is he been able to get kannikkai from the worshippers. The Respondents have not conducted any enquiry. The Petitioner has three more years of service as “Oru Kala Poojari” in the said Temple. The Petitioner submitted a representation on 05.11.2022 to the Respondents to permit the Petitioner to to perform the pooja. However, till date, the Respondents have not taken any action on the representation of the Petitioner. Hence, the present Writ Petition has been filed.
3. It is submitted by the learned Government Advocate appearing for the concerned Respondents that the representation of the Petitioner would be considered and orders passed thereon in accordance with law.
4. Heard the learned counsel appearing for the parties and perused the materials placed before this Court.
5. In view of the above submission and taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the concerned Respondent to consider the Petitioner's representation dated 05.11.2022, on its own merits and pass appropriate orders in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order after granting opportunity to the Petitioner and also putting all interested parties on notice. It is made clear that this Court has not expressed any view with regard to the merits of the representation and it is open to the concerned Respondent to consider the representation on its own merits.
6. With the above direction, this Writ Petition stands disposed of.
No costs.
11.11.2022 Index : Yes / No Speaking Order : Yes / No vji To
1. The Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam, Chennai – 600 034.
2. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Thoothukudi Zone, Thoothukudi.
3. The Executive Officer, Arulmigu Kasiviswanathar Thirukovil, Tenkasi District. 4. The Inspector, Hindu Religious and Charitable Endowments Department, Tenkasi District.
MOHAMMED SHAFFIQ, J.
vji
11.11.2022