K.Nagasamy v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.02.2024

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. No. 4307 of 2024 K.Nagasamy ... Petitioner -vs1. The Commissioner, Hindu Religious and Charitable Endowments Department, No. 119, Uthamar Gandhi Road, Nungambakkam, Chennai - 600 034.

2. The Joint Commissioner, Regional Office, Hindu Religious and Charitable Endowments Department, Villupuram - 605 602.

3. The Tahsildar, Gingee Taluk, Gingee, Villupuram District.

4. The Inspector of Police, Gingee Police Station, Gingee, Villupuram District.

5. Nithyanantham

6. Annadurai 1/7

7. Kumar

8. Seenuvasan

9. Sankar

10. Lakshminarayanan ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the official Respondents herein to restrain the Fifth to Tenth Respondents herein from conducting any festival including Masi Magam on 24.02.2024 at Sri Muthumariamman Temple situated in Keezhaiyur Village, Gingee Taluk, Villupuram District without conducting a peace meeting by considering the Petitioner's representation dated 13.02.2024.

For Petitioner : Mr. C.Munusamy For Respondents : Mr. K.Karthikeyan, Government Advocate (for R1 & R2) Mr. S.J.Mohamed Sathik, Government Advocate (for R3) Mr. J.Subbiah, Government Advocate (Crl. Side) (for R4)

O R D E R

Heard Mr. C.Munusamy, Learned Counsel for the Petitioner, 2/7

Mr. K.Karthikeyan, Learned Government Advocate, who takes notice for the First and Second Respondents, Mr. S.J.Mohamed Sathik, Learned Government Advocate, who takes notice for the Third Respondent and Mr. J.Subbiah, Learned Government Advocate, who takes notice for the Fourth Respondent and perused the materials placed on record, apart from the pleadings of the parties.

2.

Having regard to the nature of order proposed to be passed in the Writ Petition, which would not cause any prejudice to the Fifth to Tenth Respondents, notice to them is dispensed with. 3.

The Writ Petition has been filed for directing the First to Fourth Respondents to restrain the Fifth to Tenth Respondents from conducting any festival including Masi Magam on 24.02.2024 at Sri Muthumariamman Temple, Keezhaiyur Village, Gingee Taluk, Villupuram District without conducting a peace meeting by considering the representation dated 13.02.2024 made by the Petitioner in that regard.

4.

Learned Government Advocate appearing for the First and Second Respondents, on instructions, states that no individual has been granted the 3/7

permission to conduct the Balalayam Thiruppani and the same would be conducted by the concerned Officials of the Hindu Religious and Charitable Endowments Department by treating the devotees equally without any discrimination. He has also filed a memo dated 23.02.2024 to that effect, which is placed on record. In such circumstances, nothing remains for further consideration in the Writ Petition.

In fine, the Writ Petition is disposed. Consequently, the connected Miscellaneous Petition is closed. No costs.

23.02.2024 Index: Yes/No NCC: Yes/No Note: Issue order copy by 22.04.2024.

kv To

1. The Commissioner, Hindu Religious and Charitable Endowments Department, No. 119, Uthamar Gandhi Road, Nungambakkam, Chennai - 600 034.

2. The Joint Commissioner, Regional Office, Hindu Religious and Charitable Endowments Department, Villupuram - 605 602.

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3. The Tahsildar, Gingee Taluk, Gingee, Villupuram District.

4. The Inspector of Police, Gingee Police Station, Gingee, Villupuram District.

Copy to

1. Nithyanantham, S/o. Angamuthu, Maniyampattu Village, Gingee Taluk, Villupuram District.

2. Annadurai, S/o. Duraisamy, Maniyampattu Village, Gingee Taluk, Villupuram District.

3. Kumar, S/o. Marimuthu, Maniyampattu Village, Gingee Taluk, Villupuram District.

4. Seenuvasan, S/o. Manickam, Maniyampattu Village, Gingee Taluk, Villupuram District.

5. Sankar, S/o. Elumalai, Maniyampattu Village, Gingee Taluk, Villupuram District.

6. Lakshminarayanan, S/o. Krishnasamy, 5/7

Maniyampattu Village, Gingee Taluk, Villupuram District.

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P.D. AUDIKESAVALU, J.

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