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2025 DAILYLAW 135841 (MAD)

Mahalingam @ Chittrarasu v. The Commissioner

WP(MD)/12021/2025 · 2025-04-29

Vivek Kumar Singh

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.(MD).No.12021 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2025 CORAM: THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)No.12021 of 2025 V.Mahalingam @ Chitrarasu ... Petitioner -vs- 1. The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Street, Thousand Lights West, Nungambakkam, Chennai - 600034. 2. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Arulmighu Meenakshi Sundareshwarar Thirukovil, Madurai – 625001. 3. The Joint Commissioner / Executive Officer, Arulmighu Meenakshi Sundareswarar Temple, Madurai – 625 001. ... Respondents (R3 is suo motu impleaded vide order of this Court dated 29.04.2025 in WP(MD)No.12021 of 2025.) PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondent no.2 to accept the “Offering of Abisheka flower basket containing pooja articles from the representatives of Devendrakulam and perform Pooja and after the completion of Pooja, distributing Vipoothi Prasatham to devendrakula 1/6 https://www.mhc.tn.gov.in/judis W.P.(MD).No.12021 of 2025 People” during the 12th day Pooja of Arulmigu Meenakshi Amman Thirukovil Thiruvizha, which is to be held on 10.05.2025. For Petitioner : Ms.A.Rajini For Respondents : Mr.K.S.Selva Ganesan Additional Government Pleader ORDER This writ petition has been filed seeking for a direction to the second respondent to accept “Offering of Abisheka flower basket containing pooja articles from the representatives of Devendrakulam and perform Pooja and after completion of Pooja, distributing Vipoothi Prasatham to devendrakula People” during the 12th day Pooja of Arulmigu Meenakshi Amman Thirukovil Thiruvizha, which is to be held on 10.05.2025. 2. By consent of both parties, this writ petition is disposed at the stage of admission itself. 3. The petitioner is the zonal secretary of Devendrakula Mallar Industrial and Commerce Sabha. During Meenakshi Amman Temple Chithirai Festival at Madurai, the representatives of Devendrakula community 2/6 https://www.mhc.tn.gov.in/judis W.P.(MD).No.12021 of 2025 used to perform pooja on 10th day, which includes “Offering of Abisheka flower basket containing pooja articles from the representatives of Devendrakulam and perform Pooja and after the completion of Pooja, distributing Vipoothi Prasatham to devendrakula People”. However, it is has not been done so. Therefore, the petitioner made a representation dated 10.01.2025 before the respondents. Since the same has not been considered, the petitioner has filed the present Writ Petition seeking the aforesaid relief. 4. The learned Additional Government Pleader appearing for the respondents submitted that in the case on hand, the competent authority to consider the case of the petitioner is the Joint Commissioner / Executive Officer of Meenakshi Amman Temple, Madurai, and hence, the petitioner may submit a fresh representation before the Executive Officer. 5. Heard the learned counsel on either side and perused the materials placed before this Court. 6. In view of the above, this Court suo motu impleads the Joint Commissioner / Executive Officer, Arulmighu Meenakshi Sundareswarar Temple, Madurai District, Tamil Nadu – 625 001 as the third respondent in 3/6 https://www.mhc.tn.gov.in/judis W.P.(MD).No.12021 of 2025 this writ petition, for whom, Mr.K.S.Selva Ganesan, learned Additional Government Pleader takes notice. 7. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non- consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time. 8. Considering the facts and circumstances of this case, this Court directs the petitioner to send a fresh representation to the third respondent, within a period of one week from today and on receipt of the same, the third respondent is directed to consider the same on its own merits and pass appropriate orders in accordance with law, within a period of two weeks thereafter. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the respondents to consider the same on its own merits. 4/6 https://www.mhc.tn.gov.in/judis W.P.(MD).No.12021 of 2025 9. With the above observations and directions, the Writ Petition stands disposed of. There shall be no order as to costs. 29.04.2025 NCC : Yes/No Index : Yes / No sm Note: Issue order copy on 30.04.2025. TO:- 1. The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Street, Thousand Lights West, Nungambakkam, Chennai - 600034. 2. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Arulmighu Meenakshi Sundareshwarar Thirukovil, Madurai – 625001. 3. The Joint Commissioner / Executive Officer, Arulmighu Meenakshi Sundareswarar Temple, Madurai – 625 001. 5/6 https://www.mhc.tn.gov.in/judis W.P.(MD).No.12021 of 2025 VIVEK KUMAR SINGH, J. sm Order made in W.P.(MD)No.12021 of 2025 Dated: 29.04.2025 6/6 https://www.mhc.tn.gov.in/judis