Madras High Court
K.Selvaraj vs The Commissioner on 16 August, 2022
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
W.P(MD).No.18431 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 16.08.2022
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
W.P(MD).No.18431 of 2022
and
W.M.P(MD)No.13438 of 2022
K.Selvaraj ... Petitioner
Vs.
1.The Commissioner,
Hindu Religious and Charitable Endowments Department,
Nungambakkam High Road,
Chennai.
2.The Joint Commissioner/Executive Officer,
Arulmighu Mariamman Thirukoil,
Samayapuram,
Trichy District.
3.The Joint Commissioner,
Hindu Religious and Charitable Endowments Department,
Thiruchirappalli.
4.Sakthivel ...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, directing the respondents
herein to recall all the identity cards issued for the service of navithars in
Arulmighu Mariamman Thirukoil, Samayapuram, Trichy District, until the
issue of exclusive rights of the Parambarai mirasu navithars is finally decided
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W.P(MD).No.18431 of 2022
either by the first respondent in A.P.No.20 of 2020 or thereafter by a
competent Court of law.
For Petitioner : Mr.V.R.Shanmuganathan
For Mr.R.Sidharthan
For R1 & R3 : Mr.M.Lingadurai
Special Government Pleader
For R2 : Mr.S.Ramesh
Standing Counsel
ORDER
The petitioner belonging to navithar community having Mirasu right to do tonsuring of hair in the temple. There are totally eight families, who are hereditarily performing their services. The petitioner’s rights have been recognised by the second respondent temple on very many occasions. In the year 1987, third respondent permitted persons belonging to other community people to make a rival claim for the tonsuring rights viz pallars of Mahalikudi and V.Thuraiyur Villages and Parayars of Maruthur Melabachery and S.Kannanoor Villages. This resulted in filing of civil suit in O.S.No.823 of 1987 on the file of the Learned II Additional Sub Judge, Thiruchirappalli. Later, compromise was arrived between the parties and decree was passed on 14.06.1989. As per the compromise, 42 days in a year was allotted to the rival parties and this compromise proposal was followed. Thereafter, during the year 2007, there was change of officers, who permitted more number of persons from other community and families to do the tonsuring of hairs, https://www.mhc.tn.gov.in/judis 2/7 W.P(MD).No.18431 of 2022 which greatly affected the Mirasu Navithars. Hence, the petitioner filed a contempt petition in Contp.(MD)No.113 of 2008 and the same was closed on 29.04.2008 directing the petitioner to file an appropriate petition before the Joint Commissioner, Trichy.
2. The petitioner sent a representation on 02.01.2009. Keeping the representation pending for more than 10 years, the second respondent treated the petitioner’s representation as an application under Section 63 (e) of the Hindu Religious and Charitable Endowments Act vide O.A.No.5 of 2009. The same was dismissed by order, dated 03.12.2019, after the direction was given by this Court in W.P(MD)No.2189 of 2015, by order, dated 08.12.2015.
3. The petitioner had preferred an appeal under Section 69 (1) of the Hindu Religious and Charitable Endowments Act before the first respondent in O.A.No.20 of 2022. Now, citing reason that large number of devotees, are now offering hairs and the petitioner group and other group alone cannot do the entire work, hence the temple authority gave licence to others to do the tonsuring of hair against the Mirasu right of the petitioner, which is not proper. Hence, the petitioner sent representation on 12.07.2022 to the second respondent and thereafter, filed this writ petition. https://www.mhc.tn.gov.in/judis 3/7 W.P(MD).No.18431 of 2022
4. The learned Special Government Pleader for the respondents 1and 3 submits that in the civil suit in O.S.No.823 of 1987, the temple authorities were not arrayed as defendant. The civil suit filed behind the back of the officials. For that reason, the contempt petition was not enteratined. This Court had directed the petitioner to file appropriate petition before the Joint Commissioner, Trichy. Now, the Joint Commissioner, Trichy had negatived the petitioner’s contention, against which the petitioner had filed A.P.No.20 of 2022, which is pending before the first respondent herein. If at all the petitioner is aggrieved, the petitioner can very well approach the Commissioner by filing interim application for relief. Filing this writ petition is not proper.
5. The learned Standing Counsel for the second respondent submits that the prayer sought for in this writ petition is not be maintainable. In view of the appeal pending in A.P.No.20 of 2022 before the Commissioner, Hindu Religious and Charitable Endowments Department, it is for the petitioner to approach the Commissioner, Hindu Religious and Charitable Endowments Department and seek his relief.
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6. The learned counsel for the petitioner submits that the petitioner understands the A.P.No.20 of 2022 would take years to reach finality. By then, the petitioner’s valuable time would be lost and he would be put to irreparable loss. Hence, he seeks direction of this Court to direct the Commissioner, Hindu Religious and Charitable Endowments Department, Chennai to complete the proceedings in A.P.No.20 of 2022 within stipulated period.
7. Considering the submission and on perusal of the materials, it is seen that the petitioner had originally filed O.A.No.5 of 2009 and thereafter, orders came to be passed only in the year 2019. Now, the appeal in A.P.No.20 of 2022 has been pending before the Commissioner, Hindu Religious and Charitable Endowments Department, Chennai, which is pending.
8. In view of the same, this Court directs the Commissioner, Hindu Religious and Charitable Endowments Department, Chennai to dispose A.P.No.20 of 2022 preferably within a period of six months from the date of receipt of copy of this order. In the meanwhile, if the petitioner intends to file any interim application, the same to be considered and disposed of on its own merits.
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9. With the above direction, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.
16.08.2022
Index : Yes / No
Internet : Yes/ No
sn
To
1.The Commissioner,
Hindu Religious and Charitable Endowments Department, Nungambakkam High Road, Chennai.
2.The Joint Commissioner/Executive Officer, Arulmighu Mariamman Thirukoil, Samayapuram, Trichy District.
3.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Thiruchirappalli.
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