Madras High Court
Thangavairan @ N.S.Vairan vs R.Rajasundar on 13 February, 2025
Bench: J. Nisha Banu, S.Srimathy
W.A.(MD)No.286 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13.02.2025
CORAM:
THE HON'BLE MRS JUSTICE J. NISHA BANU
AND
THE HON'BLE MRS JUSTICE S.SRIMATHY
W.A.(MD)No.286 of 2025
Thangavairan @ N.S.Vairan ...Appellant
-Vs-
1.R.Rajasundar
2.The Commissioner,
Hindu Religious and Charitable Endowment Department,
No.119, Uthamar Gandhi Salai,
Nungambakka, Chennai-600 034.
3.The Joint Commissioner,
Hindu Religious and Charitable Endowment Department,
Madurai-625 016.
4.The Assistant Commissioner,
Hindu Religious and Charitable Endowment Department,
Madurai-625 016.
5.The Tahsildar,
Thirumangalam Taluk,
Madurai District.
6.The Superintendent of Police,
Madurai District, Madurai.
1/6
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.286 of 2025
7.The Deputy Superintendent of Police,
Thiurmangalam, Madurai District.
8.The Inspector of Police,
Taluk Police Station,
Thirumangalam,
Madurai District.
9.The Thakkar,
Arulmigu Sundravalli Amman Thirukoil,
Near Sithalai Village,
Thirumangalam Taluk,
Madurai District. ...Respondents
PRAYER:Writ Appeal- filed under Clause 15 of the Letters Patent Act, to set
aside the order passed by this Court in W.P.(MD)No.505 of 2024 dated
23.02.2024.
For Appellants : Mr.R.Anand
For R1 : Mr.P.Balamurugan
For R3 to R4 : Mr.J.Ashok
Additional Government Pleader
JUDGMENT
(Judgment of the Court was delivered by J.NISHA BANU, J.)
Mr.P.Balamurugan, learned Counsel takes notice for the first
respondent and Mr.J.Ashok, learned Additional Government Pleader, takes notice
for the respondents 3 to 4. Considering the nature of the order proposed to be
passed, notice to the respondents 5 to 8 is dispensed with.
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2.By consent of both parties, this Writ Appeal is taken up for final
disposal at the stage of admission itself.
3.This writ appeal is directed against the order of dismissal of this
Court dated 23.02.2024 made in W.P.(MD)No.505 of 2024.
4.The writ petitioner is the President of Ooranadu Urappanur Arulmigu
Sundarvalli Amman Thirukoil situated at Sithalai Village, Thirumangalam Taluk.
There were disputes with regard to right over the property. In this regard, several
proceedings were initiated by the appellant herein as well as by the respondents
and the same are pending. While so, the first respondent herein had approached
this Court seeking permission to conduct Maha Sivarathiri Massi Thiruvizha and
this Court had also permitted the second respondent to conduct the festival.
5.Now, the only grievance expressed by the learned counsel for the
appellant is that the order passed in the writ petition is only to conduct Maha
Sivarathiri Massi Thiruvizha for the year 2023 and the same could not have any
bearing over the pending proceedings with regard to the dispute over the right of
administration of the temple. However, the respondent is using the said order as
a binding precedent in the connected matters pending before the civil Court.
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6.The grievance expressed by the petitioner cannot be looked into in
this appeal. It is for the petitioner to make a mention before the learned Single
Judge and obtain a direction that the order passed in the writ petition will not
have any bearing on the pending proceedings before the civil Court.
7.In view of the above, this Court is of the view that this writ petition is
devoid of merits and the same is liable to be dismissed. Accordingly, this Writ
Appeal is dismissed. No costs.
(J.N.B.,J.) (S.S.Y.,J.)
13.02.2025
Index : Yes/No
Internet : Yes/No
ta
To
2.The Commissioner,
Hindu Religious and Charitable Endowment Department,
No.119, Uthamar Gandhi Salai,
Nungambakka, Chennai-600 034.
3.The Joint Commissioner,
Hindu Religious and Charitable Endowment Department,
Madurai-625 016.
4.The Assistant Commissioner,
https://www.mhc.tn.gov.in/judis
Hindu Religious and Charitable Endowment Department,
Madurai-625 016.
5.The Tahsildar,
Thirumangalam Taluk,
Madurai District.
6.The Superintendent of Police,
Madurai District, Madurai.
7.The Deputy Superintendent of Police,
Thiurmangalam, Madurai District.
8.The Inspector of Police,
Taluk Police Station,
Thirumangalam,
Madurai District.
9.The Thakkar,
Arulmigu Sundravalli Amman Thirukoil,
Near Sithalai Village,
Thirumangalam Taluk,
Madurai District.
https://www.mhc.tn.gov.in/judis
J. NISHA BANU,J.
and
S.SRIMATHY,J.
ta
13.02.2025
https://www.mhc.tn.gov.in/judis
