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2023 Supreme(Online)(Mad) 71781

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Hon`ble Ms.Justice P.T.ASHA
M.PRABHAKARAN – Appellant
Versus
THE COMMISSIONER – Respondent



BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.06.2023 CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA W.P.(MD) No.21627 of 2017 and W.M.P.(MD) No.17910 of 2017 M.Prabhakaran .. Petitioner Vs.

1.The Commissioner, Hindu Religious and Charitable Endowment, Chennai.

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

3.The Executive Officer, Arulmigu Swayambu Saneeswara Bhagavan Thirukovil, Kuchanur, Uthamaalayam Taluk, Theni District.

4.The Fit Person, Arulmigu Swayambu Saneeswara Bhagavan Thirukoil, Kuchanur, Uthamapalayam Taluk, Theni District. .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, forbearing the respondents, their men, agents and subordinates from in any manner interfering with the petitioner's right in performing pooja, by permitting outside Archakar to perform pooja or otherwise, in “Naagar Sannadhi” of Arulmigu Swayambu Saneeswara Bhagavan Thirukoil, Kuchanur, Uthamapalayam Taluk, Theni District.

For Petitioner : Mr.S.Ramesh For RR1 & 2 : Mr.P.Subbaraj Special Government Pleader For R3 : Mr.G.Gunaseelarupan For R4 : Mr.VR.Shanmuganathan

ORDER

It is brought to the notice of this Court that the first respondent, by order dated 02.12.2014, held the petitioner to be guilty of 21 charges.

2. In view of the above, this Court is of the opinion that the petitioner cannot be permitted to hold the post of poojari ship. Hence, this Writ Petition is dismissed. It is however, open to the petitioner to once again approach the Court in the event of him being absolutely absolved of the charges. No costs. Consequently, connected miscellaneous petition is dismissed.

23.06.2023 NCC : Yes/No Index : Yes/No Internet : Yes abr To

1.The Commissioner, Hindu Religious and Charitable Endowment, Chennai.

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

P.T.ASHA, J.

abr Dated: 23.06.2023

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