Senthil Kumar.D v. The Commissioner

O R D E R ************ [Order of the Court was made by M.SUNDAR, J.] Captioned 'Writ Petition' [hereinafter 'WP' for the sake of brevity] has been filed in this Court on 12.12.2023.

2.Short facts are that PIL petitioner is concerned for Panjamirtham which is a 'Prasatham' [hereinafter 'said prasatham' for the sake of convenience] distributed / sold in 'Arulmigu Dhandayuthapani

Swami

Thirukovil,

Palani,

Dindigul District' [hereinafter 'said temple' for the sake of convenience and clarity]; that the concern of PIL petitioner is that said prasatham is being sold in ten different stalls / counters on ordinary days and in 13 different stalls / counters on auspicious days; that the specific concern of PIL petitioner is that receipts are not being given for the said prasatham that is being sold in stalls / counters.

3.Issue notice.

4.Mr.P.Thilak Kumar, learned State Government Pleader accepts notice for the first respondent.

5.As regards second respondent, Mr.G.Radhakrishnan, learned Counsel for PIL petitioner submits that he has referred to the Executive Officer of said temple. To be noted, Executive Officer of said temple is in the cadre of Joint Commissioner, considering the annual income of said temple. This has become necessary to mention, as there is a jurisdictional Joint Commissioner who has the administrative powers qua all temples in Dindigul. Therefore, we treat the second respondent as Executive Officer of said temple in the cadre of Joint Commissioner in the Hindu Religious and Charitable Endowments Department. Mr.M.Muthu Geethayan, learned Standing Counsel accepts notice for the second respondent.

6.The respondents submit that receipts are being issued and no complaints have been received thus far and a short note together with relevant scanned images have been placed before us and a scanned reproduction of the same is as follows:

7.Learned Counsel for PIL petitioner has been favoured with a copy of the above.

8.In the light of the narrative thus far, it comes to light that receipts are being issued. Learned Counsel for respondents submit that this practice which is in vogue will continue. This by itself is good enough to drop the curtains on the captioned matter capturing what unfurled in the hearing today and capturing the stated position of the respondents. We took up the main writ petition [considering the limited scope of the writ petition] and the same is disposed of as closed. There shall be no order as to costs. [M.S.,J.] & [R.S.V.,J.]

15.12.2023 Index : Yes/No Internet : Yes/No MR To

1.The Commissioner, Hindu Religious and Endowment Department, Fort St. George, Chennai – 600 009.

2.The Joint Commissioner, Arulmigu Dhandayuthapani Thirukoil, Palani, Dindigul District.

M.SUNDAR, J. and

R.SAKTHIVEL, J. MR

15.12.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.12.2023 CORAM: THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL D.Senthil Kumar : Petitioner Vs. 1.The Commissioner, Hindu Religious and Endowment Department, Fort St. George, Chennai – 600 009. 2.The Joint Commissioner, Arulmigu Dhandayuthapani Thirukoil, Palani, Dindigul District. : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 10.10.2023 and issue receipt for the sale of Panchamirtham at Prasada Stall made through Arulmigu Dhandayuthapani Swamy Thirukovil, Palani, under the control of the 2nd respondent within the period stipulated by this Court. For Petitioner : Mr.G.Radhakrishnan For Respondent No.1 : Mr.P.Thilak Kumar Government Pleader For Respondent No.2 : Mr.M.Muthu Geethayan Standing Counsel