IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 03.10.2024 CORAM :

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Writ Petition No.26311 of 2024 and W.M.P.No.28744 of 2024 P.D.Palaniswamigal (Archakar) ... Petitioner Vs.

1.The Commissioner, Hindu Religious Charitable Endowments Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai – 600 034.

2.The Joint Commissioner, Hindu Religious Charitable Endowments Department, Chennai Division-1, No.119, Uthamar Gandhi Salai, 9th Floor, Nungambakkam, Chennai – 600 034.

3.The Assistant Commissioner, Hindu Religious Charitable Endowments Department, Chennai Division – 1, No.119, Uthamar Gandhi Salai, 9th Floor, Nungambakkam, Chennai – 600 034.

4.The Executive Officer, Arulmigu Sri Pedari Uchiyamarthalamman Temple, Komadha Nagar, Mattumanthai, Kaladipettai, Thiruvottiyur, Chennai – 600 019.

5.S.Nithiyakala … Respondents Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus directing the respondents 1 to 4 to consider the representation of the petitioner dated 06.08.2024 and consequently direct the respondents to permitting the petitioner for doing Pooja as an Archakar in Arulmigu Sri pedari Uchiyamarthalamman Temple, kaladipettai, Thiruvottiyur, Chennai.

For Petitioner : Mr.P.Nethaji For Respondents : Mr.K.Karthikeyan, Government Advocate (HR & CE)

O R D E R

The present writ petition has been filed to direct the respondents 1 to 4 to consider the representation of the petitioner dated 06.08.2024 and consequently direct the respondents to permitting the petitioner for doing Pooja as an Archakar in Arulmigu Sri pedari Uchiyamarthalamman Temple, kaladipettai, Thiruvottiyur, Chennai.

2. The case of the petitioner is that the petitioner is an Archakar in Arulmigu Sri Pedari uchiyamarthalamman Temple, Thiruvottiyur, Chennai and performing poojas, accordingly. Further, the fifth respondent is causing hindrance in performing pooja in Aagama method in the said Temple. Hence, the petitioner has come before this Court seeking for issuance of appropriate directions to the official respondents to take action against the fifth respondent to enable him to perform Pooja in the said Temple.

3. Learned counsel for the petitioner submitted that as per the order of this Court dated 09.09.2024, the encroachment made by the petitioner was removed by the official respondents. However, he contended that the official respondents have removed only the encroachment made by the petitioner and left others encroachment in the premises of fourth respondent temple.

4. Learned counsel for the petitioner further submitted this Court may issue direction to the respondents 1 to 3 to take action against the fifth respondent and further permit the petitioner to perform the pooja of the fourth respondent temple and also direct the official respondents to remove the encroachments made by others in the temple premises.

5. Learned Government Advocate appearing for the respondents 1 to 4 submitted that already the fifth respondent appointed one Kumar as Poojari vide order dated 04.09.2023 for performing pooja in the fourth respondent temple. If at all the petitioner is aggrieved, he has to challenge the order dated 04.09.2023 passed by the fifth respondent, instead of filing this writ petition.

6. Heard the learned counsel on either side and perused the materials available on record.

7. The grievance of the petitioner is that the petitioner is the poojari of the fourth respondent temple. The fifth respondent along with the temple trustees of the fourth respondent temple, removed the petitioner from performing the pooja of the fourth respondent temple and thereby the present writ petition is filed.

8. The fact remains that there were several person, including the petitioner have encroached the premises of the fourth respondent temple. Thereby this Court issued direction to the official respondents to remove the encroachment made in the fourth respondent temple premises. Even then, the encroac