1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.02.2011 CORAM: THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN W.P.(MD)No.479 of 2011 and M.P.(MD)Nos.1 & 2 of 2011 D.K.Raguraman : Petitioner Vs. 1.The Joint Commissioner, Hindu Religious and Charitable Endowment, Madurai -1. 2.The Executive Officer, Arulmighu Swayambu Saneeswara Bhagavan Thirukovil, Kuchanur, Uthamapalayam Taluk, Theni District. 3.M.M.Thirumalai Muthu, Chairman, Board of Trustees, Arulmighu Swayambu Saneeswara Bhagavan Thirukovil, Kuchanur, Uthamapalayam Taluk, Theni District. 4.K.Sethuraman, Hereditary Trustee, Arulmighu Swayambu Saneeswara Bhagavan Thirukovil, Kuchanur, Uthamapalayam Taluk, Theni District. 5.M.Thirumalai Muthukumar, Hereditary Trustee, Arulmighu Swayambu Saneeswara Bhagavan Thirukovil, Kuchanur, Uthamapalayam Taluk, Theni District. 6.M.Prabakar, Hereditary Trustee, Arulmighu Swayambu Saneeswara Bhagavan Thirukovil, Kuchanur, Uthamapalayam Taluk, Theni District. 7.M.Muthusonai, Hereditary Trustee, Arulmighu Swayambu Saneeswara Bhagavan Thirukovil, Kuchanur, Uthamapalayam Taluk, Theni District. : Respondents https://hcservices.ecourts.gov.in/hcservices/ 2 PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned order passed by the first respondent in his proceedings in Na.Ka.No.5461/2010/A2 dated 13.07.2010 and quash the same as illegal and consequently direct the first respondent to conduct an enquiry by giving full opportunity on the representation made by the petitioner dated 08.09.2010. For Petitioner :Mr.M.Kannan For R1 :Mr.S.C.Herold Singh, GA For R2 to R6 & R7 :Mr.S.Manohar O R D E R The petitioner challenges the proceedings dated 13.07.2010 on the file of the first respondent, whereby and where under the said authority directed the Tahsildar and the Revenue Divisional Officer to evict the petitioner and other persons with the help of police from Arulmighu Swayambu SaneeswaraBhagavan Thirukovil. 2. The father of the petitioner was a trustee of the said Arulmighu Swayambu Saneeswara Bhagavan Thirukovil. The petitioner has been performing Poojas in karuppanasamy Sannathi for the past 10 years. The Trust Board has accepted the petitioner as Poosari and he was permitted to do Poojas. There emerged a conflict among the Trustees to usurp the Temple properties and drive away the real persons who are conducting Poojas. To that effect, the Board of Trustees passed a resolution that only the Hereditary Trustees are entitled to conduct Poojas in the Temple. The first respondent also passed an order on 01.03.2010 indicating that only the Hereditary Trustees can perform Poojas in the Temple. The said order was challenged before this court in W.P.(MD)No.7107 of 2010. 3. While the matter stood thus, the first respondent has passed an order directing the Tahsildar and the Revenue Divisional Officer to evict the petitioner and others from Arulmighu Swayambu Saneeswara Bhagavan Thirukovil. Being aggrieved by the said order, the petitioner is before this Court. 4. The impugned order is in the nature of a direction to evict the petitioner and others from the Temple. According to the petitioner, no notice was given to him before passing this order. 5. The order impugned in this writ petition shows that the petitioner and others have entered the Temple without permission. The question as to whether the order requires modification or cancellation is a matter to be considered by the first respondent. Therefore, I am of the view that interest of Justice would be sub- served, in case liberty is given to the petitioner to submit his representation before the first respondent. https://hcservices.ecourts.gov.in/hcservices/ 3 6. Accordingly, the petitioner is given liberty to submit a representation before the first respondent and in the event of submitting any such representation, within a period of two weeks from the date of receipt of a copy of this order, the same shall be considered and disposed of by the first respondent on merits and as per law with notice to the petitioner as expeditiously as possible and in any case within a period of four weeks thereafter. 5. The Writ Petition is disposed of with the above direction. Consequently, connected Miscellaneous Petitions are closed. No costs. Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To The Joint Commissioner, Hindu Religious and Charitable Endowment, Madurai -1. +1cc to Mr.M.Kannan Advocate, Sr.No.5073 +1cc to Mr.S.Manohar, Advocate, Sr.No.4793 +one cc to Special Government Pleader, Sr.No. 4875 W.P.(MD)No.479 of 2011 and M.P.(MD)Nos.1 & 2 of 2011 rj2 SMA/15.02.2011/5C/3P https://hcservices.ecourts.gov.in/hcservices/