JUDGMENT (Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a WRIT OF MANDAMUS or any other appropriate Writ, order or direction, directing the respondents 1 to 4 to open the Arulmighu Permanar Temple situated in Varagoor Village, Thiruvaiyaru Taluk, Thanjavur District forthwith by considering the order passed by the Joint Commissioner of HR & CE, Cuddalore in his proceedings in Se.Mu.Na.Ka.No.4301/2021/A4 dated 20.04.2022 to conduct regular worships, poojas and festivals.) 1. The prayer made in this writ petition is to issue a writ of mandamus, directing the respondents 1 to 4 to open Arulmighu Permanar Temple situated in Varagoor Village, Thiruvaiyaru Taluk, Thanjavur District forthwith by considering the order passed by the Joint Commissioner, HR & CE, Cuddalore, vide his proceedings bearing Se.Mu.Na.Ka.No.4301/2021/A4 dated 20.04.2022 to conduct regular worship, poojas and festivals. 2. The petitioner claims that the subject temple, viz., Sri Paramanar Temple is the tutelary deity to him as well as his community people. The petitioner's community people performed kumbabisekam on 23.08.1971 and 25.02.1991 and stone inscription was also found. However, the respondents 6 to 10, who are not hereditary trustees and have no connection with the said temple in whatsoever manner, claimed right over the same and committed several illegal acts, caused disturbance and intervention to the administration of the temple and prevented the public from worshipping, offerings and conducting poojas to the same. In order to curb the same, the Government appointed the Executive Officer (Thakkar) for the said temple, vide G.O.(Ms).No.92 Tourism, Culture and Religious Endowments (R.E.3-1) dated 08.09.2020. 3. Challenging the aforesaid G.O., the private respondents 6 to 10 filed W.P.No.13527 of 2020, in which, this court granted an interim order on 05.10.2020, which reads as under: “5.The impugned order dated 08.09.2020, does not refer to any show cause notice having been isused to the petitioner. There is thus, prima facie violation of the principles of natural justice. 6.Interim stay till the next day of hearing.” 4. Thereafter, the said interim order was modified on 23.11.2020 and the relevant passage of the same is extracted below for ready reference: “4.Interim orders granted on 05.10.2020 and extended on 06.11.2020 are extended till 06.01.2021. 5.It is made clear that a status quo as of today shall be maintained in regard to all activities of constructions or demolition until further orders of this court. 5.It is made clear that a status quo as of today shall be maintained in regard to all activities of constructions or demolition until further orders of this court. It is also made clear that there shall be no impediment posed to the carrying on of worship by devotees. All rituals, poojas and offerings must go on as usual.” 5. Despite the aforesaid order, the private respondents are continuing their illegal acts by closing the temple and they have not open the sanctum sanctorum to do all the worships, poojas and offerings, thereby causing much hardship to the general public. Further, they have also damaged the old temple, particularly stone inscription. This Court, taking note of such illegal acts committed by the private respondents, passed an order on 06.01.2021 in WP.No.13527 of 2020, in the following terms: "1. Allegations are made by the respondents to the effect that the petitioners are preventing the conduct of regular pooja and also keeping the Garbagraham closed and thus preventing devotees from taking darshan. This is strongly objected to by the petitioner. 2.In such circumstances, I have no choice but to ask for an independent enquiry to be conducted. All learned counsels suggest that the enquiry be conducted by Mr.R.Eilayaraja, Assistant Commissioner of HR&CE, Kumbakonam and Mayiladuthurai (i/c). 3.Mr. Eilayaraja is thus directed to visit the temple premises i.e. Varagur Sri Venkatesa Perumal & Connected Temples in Varagur Village which are (i) Sri Mahakailasanathaswamy Koil, the Sivan Koil of the Village (ii) Sri Peramanar Koil, and (iii) Sri Ayyanar Koil tomorrow and report on the veracity or otherwise on the allegations as noted in para-1 above. A brief report will be filed on compliance by the petitioner of order dated 23.11.2020 as well as on the proper conduct of daily religious activity. 4.This direction will be conveyed to Mr.Eilayaraja by Ms.G.N.Jayantheswari, learned Government Advocate who has accepted notice for the official respondents. 5. List on 08.01.2021 to await report as above." 6. As directed by this court in the aforesaid order, the Assistant Commissioner, HR&CE, Kumbakonam and Mayiladuthurai (i/c) / Enquiry Officer conducted enquiry and filed his report on 08.01.2021, which would reveal that the private respondents have indulged in some illegal activities and attempting to remove the old structure of the subject temple, etc. 7. However, the aforesaid writ petition is pending without there being any final order. 7. However, the aforesaid writ petition is pending without there being any final order. Therefore, the petitioner herein filed WP.No.25812 of 2021 seeking a writ of mandamus directing the respondents 1 to 4 to conduct regular worships and poojas and also conduct regular festivals in the subject temple, by considering his representation dated 29.09.2021. In the said writ petition, this court recorded the following order on 02.12.2021: “Mr.T.Chandrasekaran, learned Special Government Pleader takes notice for Respondents 1 to 5. He, on instructions would submit that, pursuant to the earlier directions issued by this Court in another writ petition, the Commissioner, H.R.&C.E. Department ie., the second respondent already appointed the third respondent ie, Joint Commissioner, Cuddalore to conduct an enquiry about the status of the temple and to file a report. However, the said enquiry is yet to be completed. Hence, if two to three weeks time is given, in the meanwhile the enquiry report would be submitted to the Commissioner and the same would be placed before this Court for further action in this regard. Learned Special Government Pleader therefore seeks three weeks adjournment. Post the matter after three weeks. 2. In the meanwhile, notice to the private respondent Nos.6 to 10 returnable by three weeks. Private notice permitted. 3. Post after three weeks along with the connected writ petition No.13527 of 2020.” 8. Following the aforesaid order, the second respondent conducted enquiry, in which, all the parties participated and were agreed to appoint an independent Joint Commissioner to decide the issue relating to hereditary trusteeship of the respondents 6 to 10 and accordingly, the Joint Commissioner, HR&CE, Cuddalore was appointed to decide the issue under section 54(1)of the HR&CE Act, 1959. After conducting due enquiry, the said Joint Commissioner, HR&CE, Cuddalore, by his proceedings in Se.Mu.Na.Ka.No.4301/2021/A4 dated 20.04.2022 concluded that the respondents 6 to 10 have not proved their legal right over the subject temple by producing any documentary evidence and therefore, their claim of appointment of hereditary trusteeship, has been rejected. Even thereafter, the private respondents are in continuous interference to the temple administration and they have not opened the temple till date. Feeling aggrieved, the petitioner is before this court with this writ petition. 9. Even thereafter, the private respondents are in continuous interference to the temple administration and they have not opened the temple till date. Feeling aggrieved, the petitioner is before this court with this writ petition. 9. The learned counsel for the petitioner submitted that as per the proceedings of the Joint Commissioner, HR&CE, Cuddalore dated 20.04.2022, the respondents 6 to 10 have no right over the subject temple and hence, they ought to have stopped their illegal activities and interference with the administration of the Temple, however, they have failed to do so and are continuing to do the same and closed the temple, thereby preventing the public from worshiping the deity, etc. Therefore, the learned counsel submitted that it is just and necessary to issue appropriate direction to the respondent authorities to the effect that the Temple has to be opened for daily worship, pooojas, festivals and offerings as usual. 10. Per contra, the learned Government Advocate (HR&CE) appearing for the respondent authorities submitted that the temple has been constructed for worship by general public, after obtaining necessary sanction from the competent authorities and as such, there is no impediment for the public to render their offerings and worship the deity. He further submitted that all these issues raised herein can very well be agitated in the pending writ petitions filed by the parties viz., W.P.Nos.13527 of 2020 and 25812 of 2021. Therefore, according to the learned counsel, there is nothing to be considered by this court in this writ petition. 11. Heard the submissions made by the learned counsel for the petitioner and the learned Government Advocate appearing for the respondent authorities and also perused the documents and the earlier orders enclosed in the typed set of papers. 12. As already stated, this Court in the writ petition filed by the private respondents viz., WP.No.13527 of 2020, granted an order of interim stay in respect of G.O.(Ms.)No.92 dated 08.09.2020, on 05.10.2020, which was subsequently, modified on 23.11.2020, to the effect that 'all rituals, poojas and offerings must go on as usual'. While so, this court, by order dated 06.01.2021 in the same writ petition, ordered for an enquiry to be conducted by one Mr.Eilayaraja, Assistant Commissioner, HR & CE, Kumbakonam and Mayiladuthurai (i/c), to cover all the disputes arisen inter se the parties and submit a detailed report. While so, this court, by order dated 06.01.2021 in the same writ petition, ordered for an enquiry to be conducted by one Mr.Eilayaraja, Assistant Commissioner, HR & CE, Kumbakonam and Mayiladuthurai (i/c), to cover all the disputes arisen inter se the parties and submit a detailed report. It is also to be seen in the order dated 02.12.2021 passed in W.P.No.25812 of 2021 filed by the petitioner herein that the Joint Commissioner, HR & CE Department, Cuddalore, has been appointed to conduct enquiry about the status of the temple. Subsequently, based on the report filed by the said officer, the second respondent passed the order dated 20.04.2022, rejecting the claim of the private respondents relating to appointment of hereditary trusteeship. 13. Such being the factual scenario and the orders passed by this court on earlier occasion in relation to the subject temple, the petitioner through this writ petition, has sought a direction to the respondent authorities to open Arulmighu Permanar Temple forthwith by considering the order of the Joint Commissioner, HR&CE, Cuddalore dated 20.04.2022 to conduct regular worship, poojas and festivals. However, it is ascertained from the learned counsel for the petitioner that representation seeking for the said relief, has not been filed by the petitioner to the respondent authorities, till date, but it is submitted that the petitioner is now, inclined to submit a representation in this regard, to the third respondent, who is a competent authority. It is also fairly submitted on the side of the respondent authorities that if one such representation is being filed by the petitioner, the same would be considered and appropriate orders be passed by the respondent authorities, based on the available materials. 14. Having regard to the submissions made by the learned counsel for both sides, this Court permits the petitioner to submit a representation for the relief sought in this writ petition to the 3rd respondent along with the materials available with him, within a period of two weeks from the date of receipt of a copy of this order. On such submission, the 3rd respondent shall consider the same and pass appropriate orders, in the manner known to law, after issuing due notice to all the parties, as expeditiously as possible. On such submission, the 3rd respondent shall consider the same and pass appropriate orders, in the manner known to law, after issuing due notice to all the parties, as expeditiously as possible. It is needless to state that all rituals, poojas and offerings shall go on as usual, in terms of the order of this court dated 23.11.2020, in W.P.No.13527 of 2020, as referred to above. 15. This writ petition is disposed of in the above terms. No costs. Consequently, connected miscellaneous petition is closed.