G RAJENDRAN Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) THIS writ petition has been filed praying for a direction to correct the presently prevailing method of worship in Hindu temples in the State of Tamil Nadu. We are afraid we cannot issue any such direction under Article 226 of the Constitution.

(2.) IT has been held by a Division Bench of this court in the case of Tamilnadu Industrial Investment Corporation Ltd. v. Millenium Business Solutions Pvt. Ltd. , 2004 (5) SCC 689, that a writ petition can only lie when there is some statutory duty and there is a failure on the part of some official to discharge the statutory duty. The Division Bench relied on the decision of the Supreme Court in the case of Bihar Eastern Gangetic Fishermen Co-operative Society Ltd. v. Sipahi Singh, AIR 1977 SC 2149 (vide para 15), wherein the Supreme Court observed,

(3.) IN view of the above decision, this writ petition is dismissed as not maintainable. However, it is open to the writ petitioner to file a civil suit. Consequently, the WPMP. No. 38199 of 2004 is dismissed.