M.Pazhanivelu v. Chief Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.03.2024
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU M.Pazhanivelu ... Petitioner -vs1. Chief Secretary, Government of Puducherry, Goubert Avenue, Beach Road, White Town, Puducherry - 605 001.
2. Secretary to Government, Hindu Religious Institutions and Wakf, Goubert Avenue, Beach Road, While Town, Puducherry - 605 001.
3. Commissioner, Hindu Religious Institutions, 3rd Floor, Collectorate Complex, Vazhudavoor Road, Pettaiyanchathiram, Aruthra Nagar, Puducherry - 605 009.
4. District Collector cum Special Officer, Karaikal, Duplex Street, Karaikal, Puducherry - 609 602.
5. The Executive Officer, Sri Dharbaranyeshwarar Swamy Devasthanam, Thirunallar, Karaikal, Puducherry - 609 602.
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6. Dharmapuram Adheenam by its Aadheenakarthar Sri-La-Sri Masilamani Desiga Gnanasambanda Paramachariya Swamigal having his Seat at Dharmapuram, Mayiladuthurai District - 609 001.
7. S.Senthil Murugan (R-7 impleaded as per order dated 16.02.2024 in W.M.P. No. 4206 of 2024 in W.P. No. 1322 of 2024)
8. S.Ramasamy (R-8 impleaded as per order dated 16.02.2024 in W.M.P. No. 4208 of 2024 in W.P. No. 1322 of 2024)
9. C.Sivakumar (R-9 impleaded as per order dated 16.02.2024 in W.M.P. No. 4210 of 2024 in W.P. No. 1322 of 2024)
10. M.Singaravel (R-10 impleaded as per order dated 16.02.2024 in W.M.P. No. 4211 of 2024 in W.P. No. 1322 of 2024)
11. V.Balakrishnan (R-11 impleaded as per order dated 16.02.2024 in W.M.P. No. 4212 of 2024 in W.P. No. 1322 of 2024)
12. Parambarai Sthanigars Sangam, Rep. By its Hereditary Trustee, S.P.S.Nathan @ Amrutheeswaranathan, No. 4, Vellala Street, Thirunallar - 609 607, Karaikal District, Puducherry State.
(R-12 impleaded as per order dated 16.02.2024 in W.M.P. No. 4213 of 2024 in W.P. No. 1322 of 2024) ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Fourth Respondent consult with the Sixth Respondent to consider the Petitioner representation dated 01.12.2023 and direct the Fourth Respondent consult with the Sixth Respondent to constitute Thirupani committee for conduct of Kudamuzhuku 2/9
festival under his head for Arulmighu Athipadugai Angalamman/ Angalaparameshwri Temple Thirunallar.
For Petitioner : Mr. R.Venkatesh For Respondents : Mr. M. Nirmal Kumar, Government Advocate (Puducherry) (for R1 to R5) Mr. S.Girish (for R6) Mr. R.Kamaraj (For R7 to R9, R11 & R13) Mr. A.M.Packianathan Easter (for R10) Mr. L.Chandra Kumar (for R12)
O R D E R
Heard Mr. R.Venkatesh, Learned Counsel for the Petitioner, M. Nirmal Kumar, Learned Government Advocate (Puducherry) appearing for the First to Fifth Respondents, Mr. S.Girish, Learned Counsel for the Sixth Respondent, Mr. R.Kamaraj, Learned Counsel for the Seventh to Ninth, Eleventh and Thirteenth Respondents, Mr. A.M.Packianathan Easter, Learned Counsel for the Tenth Respondent and Mr. L.Chandra Kumar, Learned Counsel for the Twelfth Respondents and perused the materials placed on record, apart from the pleadings of the parties.
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2.
The grievance ventilated by the Petitioner is that he had made a representation dated 01.12.2023 to the Fourth Respondent to consult the Sixth Respondent to constitute Thirupani Committee for conduct of Kudamuzhuku Festival for Arulmighu Athipadugai Angalamman/Angalaparameshwri Temple, Thirunallar as it is a Sub-Temple of the Sixth Respondent. 3.
Learned Counsel for the Petitioner submits that though Thirupani Committee has already been formed, which has not been challenged by the Petitioner in this Writ Petition, the said contentions may be left open to be raised in the enquiry of the aforesaid representation. 4.
Having regard to the limited nature of relief sought, this Court without expressing any view on the merits of the controversy involved, passes the following order:- (i) the Fourth Respondent shall immediately examine the representation dated 01.12.2023 made by the Petitioner including ascertaining as to whether the Petitioner would be entitled for the relief claimed; (ii) if it is found that any other details or supporting documents is necessary, 4/9
the deficiencies in that regard shall be informed in writing to the Petitioner requiring the same to be furnished within a time frame of not less than 10 days for the same;
(iii) in the event of not being satisfied with the requirements even thereafter, an enquiry shall be conducted affording full opportunity of personal hearing to the Petitioner, Sixth to Thirteenth Respondents and all other persons concerned to explain their position in that regard; (iv) a reasoned order shall be passed dealing with each of the contentions raised on merits and in accordance with law and the decision taken communicated under written acknowledgment; and (v) the report of such compliance shall be filed by 31.08.2024 before the Registrar (Judicial) of the Court.
In the result, the Writ Petition is disposed on the aforesaid terms. No costs.
18.03.2024 Index: Yes/No NCC: Yes/No Note: Issue order copy by 18.04.2024.
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To
1. The Chief Secretary, Government of Puducherry, Goubert Avenue, Beach Road, White Town, Puducherry - 605 001.
2. The Secretary to Government, Hindu Religious Institutions and Wakf, Goubert Avenue, Beach Road, While Town, Puducherry - 605 001.
3. The Commissioner, Hindu Religious Institutions, 3rd Floor, Collectorate Complex, Vazhudavoor Road, Pettaiyanchathiram, Aruthra Nagar, Puducherry - 605 009.
4. The District Collector cum Special Officer, Karaikal, Duplex Street, Karaikal, Puducherry - 609 602.
5. The Executive Officer, Sri Dharbaranyeshwarar Swamy Devasthanam, Thirunallar, Karaikal, Puducherry - 609 602.
6. Aadheenakarthar Sri-La-Sri Masilamani Desiga Gnanasambanda Paramachariya Swamigal The Dharmapuram Adheenam having his Seat at Dharmapuram, Mayiladuthurai District - 609 001.
Copy to
1. The Registrar (Judicial), Madras High Court, Chennai - 600 104.
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2. M.Pazhanivelu, President, Sri Darbaranyeshwarar Swami Devasthana Ainthu Grama Nala Sangam, Thirunallaru.
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P.D. AUDIKESAVALU, J.
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