Madras High Court
N.Sivasankaran vs The Joint Commissioner on 15 May, 2024
Author: P.Velmurugan
Bench: P.Velmurugan
W.P.(MD)No.11186 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15.05.2024
CORAM:
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
W.P.(MD).No.11186 of 2024
and
W.M.P.(MD)Nos.9958 & 9959 of 2024
N.Sivasankaran ... Petitioner
-Vs-
1.The Joint Commissioner,
Hindu Religious and Charitable
Endowment Department,
Sivaganagi.
2.The Manager,
Sivagangai Devasthanam,
Sivagangai District.
3.P.Selvasekaran
4.P.Rajasimman
5.P.Narasingaraman
6.T.Gokulakrishnan
7.S.Gokulakannan
8.Periakaruppan ... Respondents
Prayer: Writ Petition is filed under Article 226 of Constitution of India praying
for the issuance of a Writ of Certiorarified Mandamus, to call for the records on
the file of the 1st respondent and quash the proceedings in Na.Ka.No.
1630/2023/E1, dated 27.04.2024 as illegal, incompetent and further, to direct
the respondents to afford full cooperation to the petitioner for running the
Silver Chariot of Arulmigu Kannudainayaki Amman Kovil, Nattarasankottai,
https://www.mhc.tn.gov.in/judis
1/6
W.P.(MD)No.11186 of 2024
Sivagangai District in Vaikasi Uthsavam to be held on 22.05.2024 and also on
such days in the years to come, by the petitioner in pursuance of the civil
Court's Judgment and Decree dated 12.02.2010 in O.S.No.27 of 2007 rendered
by the District Munsif Court, Sivaganai confirming the rights of the petitioner
and for consequential orders.
For Petitioner : Mr.V.Ragavachari, Senior Counsel
for Mr.S.Ramesh
For R1 : Mr.N.Muthuvijayan,
Special Government Pleader
For R2 : Mr.S.Manoharan
For R3 to R8 : Mr.R.Balakrishnan
ORDER
Challenging the order of the 1st respondent dated 27.04.2024, this
Writ Petition is filed with a consequential direction to the official respondents
to afford full cooperation to the petitioner for running the Silver Chariot of
Arulmigu Kannudainayaki Amman Kovil, Nattarasankottai, Sivagangai District
in Vaikasi Uthsavam to be held on 22.05.2024 and also on such days in the
years to come, by the petitioner in pursuance of the civil Court's Judgment and
Decree dated 12.02.2010 in O.S.No.27 of 2007 rendered by the District Munsif
Court, Sivaganai confirming the rights of the petitioner.
https://www.mhc.tn.gov.in/judis
2.Mr.N.Muthuvijayan, learned Special Government Pleader takes
notice for the 1st respondent, Mr.S.Manoharan, learned counsel takes notice for
the 2nd respondent and Mr.R.Balakrishnan, learned counsel takes notice for the
respondents 3 to 8.
3.By consent of both parties, this Writ Petition is taken up for final
disposal at the stage of admission itself.
4.According to the petitioner, his adoptive father
Late.K.Narasingaraman @ Gandhi and his predecessors were holding the
honour of riding the silver chariot with special bullocks during the festival of
Arulmigu Kannudainayaki Amman Kovil, Nattarasankottai. On 28.12.2005 the
adoptive father of the petitioner had executed a registered Will and bequeathed
the perquisites and honours to the petitioner. However, one Periyakaruppan,
who is the paternal uncle and father of the respondents 3 to 5 and grandfather
of the respondents 6 and 7 filed a suit in O.S.No.27 of 2007 on the file of the
District Munsif Court, Sivaganai, challenging the adoption and the Will
executed by the adoptive father of the petitioner and the same was dismissed
on 12.10.2010, by holding that the Will dated 28.12.2005 executed by the
adoptive father of the petitioner cannot be questioned by the plaintiff therein.
https://www.mhc.tn.gov.in/judis
5.On appeal in A.S.No.42 of 2010 and Cross Objection No.61 of
2015, the same were also dismissed by the Sub Court, Sivagangai on
11.08.2021. Based on the said judgment and decree, the 2 nd respondent passed
an order on 07.06.2022, permitting the petitioner to exercise the Sarathy right
in continuation from the year 2006. Subsequently, the petitioner filed
O.A.No.7 of 2023 before the 1st respondent. However, suppressing the factual
aspects, challenging the order of the 2nd respondent dated 07.06.2022, the
respondents 5 to 7 made an application in pending O.A.No.7 of 2023 before the
1st respondent, who in turn, without hearing the said O.A., and deciding the
same on merits, passed the impugned order.
6.A reading of the impugned order shows that there is no satisfactory
reason for passing the impugned order and therefore, on this ground alone, the
same is liable to be set aside, accordingly, it is set aside. The 1st respondent is
directed to dispose of the said O.A.No.7 of 2023 on merits and in accordance
with law, after giving opportunity to all the parties concerned. However, the
right of the petitioner can be continued in this festival also like the last year.
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7.With the above direction, this Writ Petition stands allowed. No
costs. Consequently, connected miscellaneous petitions are closed.
15.05.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
Yuva
To
The Joint Commissioner,
Hindu Religious and Charitable
Endowment Department,
Sivaganagi.
https://www.mhc.tn.gov.in/judis
P.VELMURUGAN, J.
Yuva
15.05.2024
https://www.mhc.tn.gov.in/judis
