SHANMUGA BATTAR Vs. EXECUTIVE OFFICER

JUDGEMENT

(1.) THIS is an appeal filed against an order of the learned Single Judge dismissing a Writ Petition, on the ground that the matter involved disputed questions of fact with regard to the rights of the brothers to perform poojas in Arulmiku Sri Subramania Swamy Thirukovil, Tiruchendur, Tuticorin District.

(2.) HEARD Mr. R. Nandhakumar, learned counsel for the appellant. Mr. M. Muthugeethayan, takes notice for the first respondent and Mr. R. Vijayakumar, learned counsel for the respondents 2 and 3.

(3.) AS against the order impugned in the Writ Petition, the appellant should have actually filed a statutory appeal under Section 69(1) of the Tamil Nadu Hindu Religious and Charitable Endowment Act,1959 to the Commissioner (for short 'the Act'). There is a detailed procedure and a three tier mechanism provided under the Act for redressal of such grievances. This Court exercising jurisdiction under Article 226 of the Constitution of India, need not get into this factual details and affirm or set aside such order. Therefore, we are of the view that the appellant could be directed to go before the appellate authority.