K.Ranganathan v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.05.2017 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.20809 of 2014 K.Ranganathan .. Petitioner Vs.
1. The Commissioner, HR & CE Administration, Nungambakkam High Road, Chennai 600 034.
2. The District Collector, Collectorate of Villupuram District, Villupuram.
3. The Assistant Commissioner, HR & CE Administration, Villupuram.
4. The Tahsildar cum Executive Magistrate, Taluk Office, Vikravandi Taluk, Villupuram District, Pin. 605 602.
5. The District Superintendent of Police, Office of the District Superintendent of Police, Villupuram District, Villupuram
6. The Inspector of Police, Vikravandi Police Station, Vikravandi Taluk, Villupuram District.
7. G.Gnanaprakasam ..Respondents Prayer : The writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to perform the 'Kumbabhishegam festival' for all the temples in the village of Thenpair situate at Vikkiravandi
Taluk, Villupuram District on consideration of the petitioner's representation dated 27.06.2014 by the HR & CE Administration within the stipulated period of time.
For Petitioner : Mr.A.Thamizharasan For R1 & R3 : Mr. M.Maha Raja Special Government Pleader Department of HR & CE For R2, R4 to R6 : Mr.K.Dhanajeyan Special Government Pleader For Respondent R7 : No appearance
O R D E R
The relief sought for in the writ petition is to direct the respondents to perform the 'Kumbabhishegam festival' for all the temples in the village of Thenpair situated at Vikkiravandi Taluk, Villupuram District, by considering the representation submitted by the petitioner on 27th June 2014.
2. The petitioner in his affidavit states that he is a devotee of the temple in Thenpair village and admittedly, the temple is under the administrative control of the HR & CE Department. The writ petition is filed on public interest and the representation of the writ petitioner was not looked into.
3. In view of the fact that the representation was given on 27th June, 2014 and now after a lapse of about three years, such a prayer, more specifically to direct the respondents to conduct 'Kumbabhishegam festival' for all the temples cannot be considered. Further conducting 'Kumbabhishegam festival' in all the temples involve various deliberations by the authorities and by religious heads and the writ petitioner cannot claim as a matter of right for a direction to conduct 'Kumbabhishegam festival' in all the temples.
4. In such circumstances, the writ petitioner cannot be said to be an aggrieved person and mere delay or non conducting of 'Kumbabhishegam festival' in the temples cannot confer any right on the writ petitioner and such prayer sought for in the writ petition cannot be considered by this Court under the writ
jurisdiction and accordingly the writ petition is not maintainable. Hence, the writ petition stands dismissed. No order as to costs.
Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar gsa/kkd To
1. The Commissioner, HR & CE Administration, Nungambakkam High Road, Chennai 600 034.
2. The District Collector, Collectorate of Villupuram District, Villupuram.
3. The Assistant Commissioner, HR & CE Administration, Villupuram.
4. The Tahsildar cum Executive Magistrate, Taluk Office, Vikravandi Taluk, Villupuram District, Pin. 605 602.
5. The District Superintendent of Police, Office of the District Superintendent of Police, Villupuram District, Villupuram.
6. The Inspector of Police, Vikravandi Police Station, Vikravandi Taluk, Villupuram District.
+1cc to Government pleader, Sr.No37137 W.P.No.20809 of 2014 NR(CO) NR(22/05/2017)