P.S.Kamalanathan v. The Commissioner

In the High Court of Judicature at Madras Dated : 20.2.2019 Coram :

The Honourable Mr.Justice T.S.SIVAGNANAM and The Honourable Mrs.Justice V.BHAVANI SUBBAROYAN Writ Appeal No.496 of 2019 & CMP.No.4339 of 2019 1.P.S.Kamalanathan 2.P.Senthilkumar 3.P.Elango ...Appellants Vs 1.The Commissioner, Hindu Religious & Charitable Endowment Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai-34.

2.The Joint Commissioner, Hindu Religious & Charitable Endowment Department, Salem Division, Office of the Joint Commissioner, Salem District-1.

3.The Executive Officer, A/m Badra Kaliamman Temple, Mecheri, Mettur Taluk, Salem District. PIN : 636453.

4.The Inspector of Police, Mecheri Police Station, Mecheri, Salem District.

5.Mr.R.Rathinam 6.C.Rajmohan 7.Loganathan

...Respondents

APPEAL under Clause 15 of the Letters Patent against the order dated 06.2.2019 made in W.P.No.3228 of 2018. Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Delaration, declare that the rights of the petitioners as special kattalaidhars to perform the Rathothsavam at their own costs with reference to the temple Arulmigu Batharakaliamman Thirukoil Mecheri Mettur Taluk Salem District.

For Appellants :

Mr.G.Sugumaran For Respondents 1 & 2 :

Mr.M.Maharajan, SGP (HR&CE) For Respondent-3 :

Mr.A.K.Sriram For Respondent-4 : Mr.R.P.Prathap Singh, GA For Respondent-5 :

Mr.A.V.Arun For Respondent-6 :

Mr.V.Srikanth For Respondent-7 :

Mr.S.Ashok Kumar Judgment was delivered by T.S.SIVAGNANAM,J We have heard Mr.G.Sugumaran, learned counsel for the appellants, Mr.M.Maharajan, learned Special Government Pleader accepting notice for respondents 1 and 2, Mr.A.K.Sriram, learned counsel accepting notice for the third respondent, Mr.R.P.Prathap Singh, learned Government Advocate accepting notice for the fourth respondent, Mr.A.V.Arun, learned counsel accepting notice for the fifth respondent, Mr.V.Srikanth, learned counsel accepting notice for the sixth respondent and Mr.S.Ashok Kumar, learned counsel accepting notice for the seventh respondent.

2. This writ appeal is directed against the order dated 06.2.2019 passed by the learned Single Judge in W.P.No.3228 of 2018.

3. The appellants herein filed the said writ petition seeking to declare the rights of the petitioners as special kattalaidhars to perform the Rathothsavam at their own costs with reference to the temple Arulmigu Batharakaliamman Thirukoil, Mecheri, Mettur Taluk, Salem District.

4. The said writ petition was initially disposed of by order dated 14.2.2018 with certain observations. However, the appellants/writ petitioners filed W.A.No.628 of 2018. However, a Division Bench of this Court, by judgment dated 20.7.2018, set aside the order in the said writ petition. The Division Bench pointed out in the other connected appeal, which was disposed of on the even date that from the order passed by the learned Single Judge, it was seen that the appellants were not served with notice in the other connected writ petition filed by the sixth respondent herein and that the same came to be disposed of in their absence. Therefore, the matters were sent back for being heard afresh.

5. When the present writ petition was taken up for fresh hearing, the learned Senior Counsel, who appeared for the appellants, submitted that the appellants might be granted

liberty to work out their rights before the Joint Commissioner concerned in the pending litigation in O.A.No.15 of 2018. Accordingly, the present writ petition was disposed of fixing a time frame, within which, the Joint Commissioner concluded the proceedings and directed the official respondents to conduct Rathotsavam while permitting the appellants as well as the private respondents only to participate in the festival. It was also specifically directed that no horse riding should be conducted. Now, the appellants are before us by contending that they should be permitted to conduct horse riding.

6. The learned Special Government Pleader appearing for respondents 1 and 2 submits that there are serious issues with regard to law and order in conducting horse riding and before the learned Single Judge, the appellants, through their counsel, agreed that they would work out their remedies before the Joint Commissioner in the pending O.A.No.15 of 2018.

7. Mr.A.K.Sriram, learned counsel appearing for the third respondent points out that the relief sought for before the Joint Commissioner, HR & CE, Salem in O.A.No.15 of 2018 pertains to not only Rathotsavam, but also horse riding.

8. This submission is not refuted by the learned counsel for the appellants. In such view of the matter, the appellants have not made out any case to interfere with the order passed by the learned Single Judge.

9. Accordingly, the above writ appeal is dismissed. No costs. Consequently, the connected CMP is also dismissed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Commissioner, HR&CE Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai-34.

2.The Joint Commissioner, HR & CE Department, Salem Division, O/o the Joint Commissioner, Salem District-1.

3.The Executive Officer, A/m Badra Kaliamman Temple, Mecheri, Mettur Taluk, Salem District. PIN : 636453.

4.The Inspector of Police, Mecheri Police Station, Mecheri, Salem District.

+1cc to Mr.S.Ashok Kumar, Advocate Sr.15702 +1cc to M.rG.Sugumaran, Advocate Sr.15802 +1cc to Mr.V.Srikanth, Advocate Sr.15836 +1cc to Mr.A.V.Arun, Advocate Sr.15328 +1cc to the Government Pleader Sr.16801 WA.No.496 of 2019 & CMP.No.4339 of 2019 rk[co] srg 21/03/2019