Velusamy Naicker v. Commissioner, Hindu Religious & Charitable Endowments Department, Chennai
2023-05-04
M.DHANDAPANI
body2023
DigiLaw.ai
JUDGMENT (Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 4th and 5th respondents not to disturb the petitioner and his two sons in the performance of poojas to the Arulmigu Pamballamman Temple and Arulmigu Thekkamalayan Temple including Mariyamman and Kaliyamman deities located at Thulukkampatty hamlet, Pudukkottai Village, Manapparai Taluk, Tiruchirappalli District during the Chithirai festival from 01.05.2023 to 08.05.2023 and thereafter except under the procedure established by law.) 1. Mr.N.GA.Natarajan, learned Government Advocate takes notice for the respondents. 2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 3. Learned counsel for the petitioner would submit that the petitioner and his father are the Hereditary Poojaris of the Arulmigu Pamballamman Temple and Arulmigu Thekkamalayan Temple and there was a dispute with regard to the appointment of Poojari of the temple, for which a peace committee meeting was conducted and an order was passed on 28.04.2023. Contrary to the decision taken in the peace committee meeting, the respondents 4 and 5 effectively took a decision to remove the petitioner as a Hereditary Poojari, thereby, the petitioner has made a representation dated 24.04.2023 and the same was not considered. Hence, the petitioner has come forward with the present writ petition. 4. Though the petitioner seeks larger relief, at the time of arguments the learned Counsel appearing for the petitioner would submit that it would be suffice, if the representation of the petitioner dated 24.04.2023, is disposed of by the respondents 4 and 5, on merits, as expeditiously as possible. 5. The learned Government Advocate appearing for the Respondents, on instructions, would submit that if reasonable time is granted to them, appropriate orders will be passed on the representation of the petitioner. 6. In view of the above said submission and also considering the limited scope of the relief now sought for by the petitioner, this Court, without expressing any opinion on the merits of the petitioner''s claim, directs the respondents 4 and 5, to consider the representation of the petitioner dated 24.04.2023 and pass suitable orders thereon, on merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order. 7. With the above observation, the writ petition is disposed of. No costs.