Madras High Court
C.Kasi … vs The District Collector on 22 November, 2022
Author: P.D. Audikesavalu
Bench: P.D. Audikesavalu
W.P. No. 30433 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.11.2022
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU
W.P. No. 30433 of 2014
C.Kasi … Petitioner
-vs-
1. The District Collector,
Erode District, Erode.
2. The Joint Commissioner,
Hindu Religious and Endowment Department,
Coimbatore.
3. The Assistant Commissioner,
Hindu Religious and Endowment Department,
Erode.
4. The Inspector of Police,
Velli Tiruppur Police Station,
Velli Tiruppur,
Bhavani Taluk,
Erode District.
5. Thottaiya Gowder ... Respondents
Prayer:- Writ Petition filed under Article 226 of the Constitution of India,
1950, praying to issue a Writ of Mandamus, directing the First Respondent to
consider and pass orders on merits by disposing the written representation made
by the Petitioner on 28.10.2014 within stipulated time as this Court fixes.
For Petitioner : Mr. C.Prakasam
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W.P. No. 30433 of 2014
For Respondents : Mr. N.R.R. Arun Natarajan,
Special Government Pleader (for R2 & R3)
Mrs. N. Senthil Selvi,
Government Advocate (R1 & R4)
No appearance (for R5)
ORDER
Heard Mr. C.Prakasam, Learned Counsel for the Petitioner, Mr. N.R.R. Arun Natarajan, Learned Special Government Pleader appearing for the Second and Third Respondents and Mrs. N.Senthil Selvi, Learned Government Advocate appearing for the First and Fourth Respondents and perused the materials placed on record, apart from the pleadings of the parties.
2. The Writ Petition has been filed to dispose the representation dated 28.10.2014 made by the Petitioner to the First Respondent complaining that the Fifth Respondent was preventing the Petitioner from entering into his ancestral Temple, viz., Periyasamy Temple, Jarathal Village, Chennampatti Hamlet, Bhavani Taluk, Erode District.
3. Learned Special Government Pleader appearing for the Second and Third Respondents submits that though the said Temple is not presently under the https://www.mhc.tn.gov.in/judis 2/5 W.P. No. 30433 of 2014 administrative control of the Hindu Religious and Charitable Endowments Department, Kumbabishegam of the said Temple had been taken place on 27.11.2014 and the idol of the Temple that had been earlier stolen has been subsequently returned. He further submits that the provisions of the Tamil Nadu Temple Entry Authorization Act, 1947 (hereinafter referred to as 'the Act' for short) creates unfettered right to all classes of Hindus to enter any Temple for worship and the Petitioner cannot be restrained by anyone and Section 6 of the Act confers powers on the State Government to decide such dispute and if the Petitioner is prevented from entering into the Temple, he would have to avail the said remedy in that regard. Viewed from that perspective, nothing remains for further consideration in this Writ Petition and if necessity arises, the Petitioner would have to work out his rights in the aforesaid manner in accordance with law.
4. In fine, the Writ Petition is disposed with the aforesaid observations. No costs.
22.11.2022 kv Index: Yes/No Note: Issue order copy by 06.12.2022. https://www.mhc.tn.gov.in/judis 3/5 W.P. No. 30433 of 2014 To
1. The District Collector, Erode District, Erode.
2. The Joint Commissioner, Hindu Religious and Endowment Department, Coimbatore.
3. The Assistant Commissioner, Hindu Religious and Endowment Department, Erode.
4. The Inspector of Police, Velli Tiruppur Police Station, Velli Tiruppur, Bhavani Taluk, Erode District.
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