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2014 DIGILAW 2465 (MAD)

S. Karuppasamy v. Commissioner, Hindu Religious & Endowments Department, Chennai

2014-08-07

K.K.SASIDHARAN

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Judgment : 1. The petitioner is stated to be discharging the duties as Navidar at Arulmigu Mariamman Temple, Samayapuram. 2. According to the petitioner, he is the adopted son of Thiru.Selvam. His father has been functioning as Navidar (Barber) in the said temple. The temple used to pay honorarium to such workers. The petitioner has also been paid remuneration for all these years. The temple administration recently prevented him from functioning as Navidar, which made him to file this writ petition. 3. The Executive Officer of Arulmigu Mariamman Temple, Samayapuram, in his counter affidavit admitted that four families belonging to V.Thuraiyur Village and four families belonging to S.Kannanur Village have been functioning as Navidars. The families doing the work of Navidar used to be given 50% of the ticket collection. The Executive Officer admitted that the father of the petitioner by name Mr. Selvam is one such Navidars. According to the Executive Officer, several unauthorised persons have been functioning as Navidars and the temple is taking action against them. 4. I have heard the learned counsel appearing for the petitioner, the learned Government Advocate appearing for the first respondent and the learned Standing Counsel appearing for the second respondent temple. 5. The petitioner claims that he has been functioning as Navidar as the adopted son of Thiru.Selvam. It is his further contention that as per the customary practice, his father has been functioning as Navidar and on account of his ill-health, he is presently doing the said function. The said contention is now disputed by the temple. 6. In view of the stand taken by the second respondent in the counter affidavit, I have asked the learned counsel for the petitioner as to whether the petitioner would be satisfied in case, he is permitted to function as Navidar as authorised representative of Thiru.Selvam. 7. The learned counsel for the petitioner, on instructions, submitted that the petitioner is prepared to function as Navidar in his capacity as authorized agent of Thiru.Selvam. 8. The petitioner and his father Thiru.Selvam are directed to appear before the Executive Officer of Arulmigu Mariamman Temple, Samayapuram on any working day. Thiru.Selvam should authorize the petitioner to perform as Navidar on behalf of him. The authorization should be given before the Executive Officer. The Executive Officer is directed to issue Identity Card to the petitioner. 8. The petitioner and his father Thiru.Selvam are directed to appear before the Executive Officer of Arulmigu Mariamman Temple, Samayapuram on any working day. Thiru.Selvam should authorize the petitioner to perform as Navidar on behalf of him. The authorization should be given before the Executive Officer. The Executive Officer is directed to issue Identity Card to the petitioner. The Identity Card should indicate that the petitioner is the authorized agent of Thiru.Selvam. This arrangement is without prejudice to the right of the temple to take action against all unauthorized Navidars. This order is not in recognition of the right claimed by the petitioner. 9. The writ petition is disposed of with the above direction. Consequently, connected M.P. (md).No.1 of 2014 is closed. No costs.