Madras High Court
K.Natarajan vs The Collector on 26 August, 2022
Author: C.Saravanan
Bench: C.Saravanan
W.P.No.21925 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.08.2022
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.No.21925 of 2022
K.Natarajan ... Petitioner
Vs.
1.The Collector,
Thiruvannamalai District.
2.The Commissioner,
Hindu Religious and Charitable Endowments Department,
No.123, Mahathma Gandhi Road,
Nungambakkam, Chennai - 600 034.
3.The Joint Commissioner,
Hindu Religious and Charitable Endowments Department,
Thiruvannamalai.
4.The Tahsildar,
Arani Taluk,
Thiruvannamalai District.
5.The Revenue Divisional Officer,
Arani Taluk,
Thiruvannamalai District.
6.The Inspector of Police,
Kattukanallur Village,
Arani Taluk,
Thiruvannamalai District.
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W.P.No.21925 of 2022
7.A.Ganesan
8.N.Murugan ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
praying for issuance of a Writ of Mandamus, to direct the Revenue Divisional
Officer to hand over the utsavar (Aimpon Idol) to the petitioner through the
officials under the Hindu Religious and Charitable Endowment Department,
in a good condition to enable the villagers and the petitioner to perform
festival which falls on Tamil Months Thai, Chithirai and Aadi as laid down in
the order dated 10.01.1983 of the Hindu Religious and Charitable
Endowment Department, passed in O.A.No.85 of 1981, passed under Section
63(e) of the Tamil Nadu Hindu Religious and Charitable Endowment Act,
1959.
For Petitioner : Ms.R.Ramya
For Respondents :
For R1, R4 to R6 : Mrs.C.Meera Arumugam
Additional Government Pleader
For R2 & R3 : Mrs.M.Geetha Thamaraiselvan
Special Government Pleader
ORDER
Mrs.C.Meera Arumugam, learned Additional Government Pleader takes notice on behalf of the first, fourth to sixth respondents and Mrs.M.Geetha Thamaraiselvan, learned Special Government Pleader takes notice on behalf of the second and third respondents. ___________ https://www.mhc.tn.gov.in/judis Page No. 2 of 6 W.P.No.21925 of 2022
2. After hearing both sides, this writ petition is disposed of at the time of admission, by dispensing with the requirement of notice and counter of the seventh and eighth respondents/private respondents as no adverse orders are proposed to be passed against the seventh and eighth respondents/private respondents.
3. The seventh respondent has filed O.S.No.86 of 2017 against the eighth respondent and three others before the District Munsif Court, Arani, Thiruvannamalai District. The proceedings under Section 107 of Cr.P.C in Crime No.377 of 2017 of the Executive Magistrate before the Kannamangalam Police Station, Arani Taluk, Thiruvannamalai District indicates that there were law and order problem in the year 2017 between the petitioner and the seventh and eighth respondents/private respondents herein regarding Temple Procession (Utsavam) and it was decided that the Procession of the Temple Idol through the streets will be kept in abeyance pending final outcome of the proceedings in O.S.No.86 of 2017 filed by the seventh respondent.
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4. The petitioner has given a complaint on 01.07.2022. Despite the same, it is not evoked any positive response from the respondents.
5. The learned Special Government Pleader for the second and third respondents has relied on the decision of this Court in A.Mahendran Vs The Assistant Commissioner, Hindu Religious Charitable Endowment Board, K.K.Nagar, Madurai and others, in W.P(MD).No.6147 of 2022 dated 05.04.2022 and submits that the writ petition is liable to be dismissed. I am inclined to dispose this writ petition by directing the petitioner to give a fresh representation to the second and third respondents, within a period of fifteen days from the date of receipt of a copy of this order. The second and third respondents shall consider and pass appropriate orders on such representation within a period of eight weeks from today after ascertaining all the details from the other official respondents and the impact of O.S.No.86 of 2017 before the District Munsif Court, Arani, Thiruvannamalai District. ___________ https://www.mhc.tn.gov.in/judis Page No. 4 of 6 W.P.No.21925 of 2022
6. Needless to state, before passing such order, the petitioner as well as the seventh and eighth respondents/private respondents shall be heard.
7. This Writ Petition stands disposed of in terms of the above observations. No costs.
26.08.2022 Index : Yes/No Speaking/Non-Speaking Order arb To
1.The Collector, Thiruvannamalai District.
2.The Commissioner, Hindu Religious and Charitable Endowments Department, No.123, Mahathma Gandhi Road, Nungambakkam, Chennai - 600 034.
3.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Thiruvannamalai.
4.The Tahsildar, Arani Taluk, Thiruvannamalai District.
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arb
5.The Revenue Divisional Officer, Arani Taluk, Thiruvannamalai District.
6.The Inspector of Police, Kattukanallur Village, Arani Taluk, Thiruvannamalai District.
W.P.No.21925 of 2022
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