D.Sureshbabu v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.02.2025 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.No.5163 of 2025 D.Sureshbabu ..

Petitioner Vs.

1.The Commissioner O/o The Commissioner Uthamar Gandhi Salai Nungambakkam, Chennai.

2.The Joint Commissioner O/o The Joint Commissioner 3.The Assistant Commissioner O/o The Assistant Commissioner 4.The Executive Officer / Assistant Commissioner Arulmigu Pateeswarar Tirukovil Siruvani Main Road, Perur

Coimbatore - 641 010.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus, to call for the records pertaining to proceeding in Se.Mu.Na.Ka.No.719/2025/A3 dated 06.02.2025 of the 2nd respondent and quash the same and direct the respondents to allow the petitioner doing Yagasalai Velvi Kundam Nigalvugal in Tamil as Velvi Asiriyar as the Velvi Kundam Nigalvugal before and on the date of Kudamuzhaku which is fixed on 10.02.2024 for the Arulmigu Pateeswara Tirukovil, Perur, Coimbatore. For the Petitioner : Mr.R.Amardeep For the Respondents : Mr.N.R.R.Arun Natarajan Special Government Pleader For RR1-3 Mr.R.Rajesh Vivekananthan for R4

ORDER

This Writ Petition is filed for a Certiorarified Mandamus to call for the records pertaining to the impugned order dated 06.02.2025 passed by the 2nd respondent and quash the same and direct the respondents to allow the petitioner to perform the Yagasalai Velvi Kundam Nigalvugal in Tamil as Velvi Asiriyar as the Velvi Kundam Nigalvugal in Tamil before and on the date of Kudamuzhaku

which is fixed on 10.02.2024 for the Arulmigu Pateeswara Tirukovil, Perur, Coimbatore. By the said order impugned in this Writ Petition, the prayer of the petitioner to permit him to perform the Yaagas in Tamil in respect of some of the Velvi Kundam should also be permitted was rejected. The reasons are given in the impugned order.

2. The learned counsel appearing on behalf of the petitioner submits that there is nothing wrong with performing the entire ceremony in Tamil as well. This particular temple came into existence when the hoofprints of cows grazing on the land revealed the Suyambulinga, after which the temple was built. Therefore, in the context of the temple, it would be more appropriate if it is performed in Tamil and the people will understand the entire thing better.

3. In this case, the Kudamuzhukku starts today. It is supposed to start at 4.30 pm and we are now at 4.22 pm. Therefore, without going into any of the contentions which is raised by the learned counsel for the petitioner as well as the learned counsel who wants to intervene on merits, at the tenth hour, it will

not be appropriate to deal with this matter and upset the entire Kudamuzhuku which is being carried out. At this stage, this Court cannot interfere by exercising its power under Article 226 of the Constitution of India. Keeping all the contentions of the petitioner open, with respect to any other temple or for any other Kudamuzhukku for which he may approach the respondents, this Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

07.02.2025 : No Jer To 1.The Commissioner O/o The Commissioner Uthamar Gandhi Salai Nungambakkam, Chennai.

2.The Joint Commissioner O/o The Joint Commissioner 3.The Assistant Commissioner O/o The Assistant Commissioner

D.BHARATHA CHAKRAVARTHY, J.

Jer 07.02.2025