T.Gokulakannan v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY T.GOKULAKANNAN ... Petitioner Vs 1.
THE COMMISSIONER, HR & CE DEPARTMENT, 119, UTHAMAR GANDHI ROAD, THOUSAND LIGHT WEST, NUNGAMBAKKAM, CHENNAI - 600 034.
2.
THE ASSISTANT COMMISSIONER, HR & CE DEPARTMENT, SALEM, SALESM DISTRICT.
3.
THE INSPECTOR HR & CE DEPARTMENT, KOVILVELLAR, METTUR TALUK, SALEM DISTRICT.
4.
T. SAMPATH ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, to direct the second and third respondents to consider the petitioner's representation dated 06.01.2025 and pass order in order to conduct the procession of said temple in the usual practice as followed for generation.
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For Petitioner : Mr.M.Elango For R1 to R3 : Mr.S.Ravichandran Additional Government Pleader
ORDER
This writ petition is filed for a prayer directing the second and third respondents to consider the petitioner's representation dated 06.01.2025 and pass order in order to conduct the procession of the Venkatesaperumal and Sendraya Perumal temple located at Semmanur Village, Mettur Taluk and Salem District.
2. The case of the petitioner is that the petitioner is the son of erstwhile Hereditary Trustee. As per the customary practice prevailing in the temple during a particular festival times, the UTCHAVAR DT will be brought to each and every home and every home will worship the UTCHAVAR. Thereafter, the DT will return to the temple. However, the fourth respondent, who is now in charge of the administration of the temple is inimically 2/5
disposed towards the petitioner. Therefore, on the last occasion when the festival took place, the DT was taken back before reaching the petitioner's home, even though it was only 50 meters away.
3. When the writ petition came up for admission, the learned Additional Government Pleader appearing for the respondents 1 to 3 would submit that on the last location, it is only the petitioner who has fenced the pathway and did not permit the UTCHAVAR to be taken along the particular path. If the petitioner wishes and if it is in accordance with the custom, action will be taken to ensure that the custom is fulfilled.
4. In view of the fact that the Court is not making any adjudication or passing any orders against the fourth respondent, the writ petition is disposed of at the admission stage itself, without notice to the fourth respondent.
5. The second respondent shall consider the representation of the petitioner dated 06.01.2025. If it is customary, the particular UTCHAVAR DT will be brought to the house of the petitioner or for that matter, to every 3/5
household in the village. Steps shall be taken that the respondents authority to ensure that the said custom is followed for everyone without exception.
6. With the above observations, this writ petition stand disposed of. No costs.
19.02.2025 nsl To 1.
THE COMMISSIONER, HR & CE DEPARTMENT, 119, UTHAMAR GANDHI ROAD, THOUSAND LIGHT WEST, NUNGAMBAKKAM, CHENNAI - 600 034.
2.
THE ASSISTANT COMMISSIONER, HR & CE DEPARTMENT, SALEM, SALESM DISTRICT.
3.
THE INSPECTOR HR & CE DEPARTMENT, KOVILVELLAR, METTUR TALUK, SALEM DISTRICT.
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D.BHARATHA CHAKRAVARTHY, J.
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