Santhosam v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.04.2022

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.NO.9139 OF 2022 AND W.M.P.NO.8908 OF 2022 1.Santhosam 2.Selvam 3.Palanisamy 4.Gopi 5.Sakthivel .. Petitioners Vs.

1. The Commissioner, Hindu Religious and Charitable Endowment Board, Chennai.

2. The Assistant Commissioner, Hindu Religious and Charitable Endowment Board, Chennai.

3. The Executive Officer, S.Valavanthi Arulmighu Mariamman Thirukovil, Namakkal.

.. Respondents Prayer:

Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents to conduct the Panguni Chithirai festival of Arulmighu Sri Mariammal Thirukovil, S.Valavanthi Village, Mohanur Taluk, Namakkal District, in the month of April 2022 under the supervision of the 3rd respondent on the representation made by the petitioner to the 1st respondent on 01.03.2022. For Petitioners : Mr.M.Sridhar For Respondents: Mr.N.R.R.Arun Natarajan (Special Government Pleader)

O R D E R

This Writ Petition is filed by the petitioners seeking for a direction to the respondents to conduct the Panguni Chithirai festival of Arulmighu Sri Mariammal Thirukovil in the month of April 2022 under the supervision of the 3rd respondent, on the representation made by the petitioners to the 1st respondent on 01.03.2022.

2.By consent of the learned counsel appearing for the petitioners as well as the learned Special Government Pleader, who takes notice for the respondents, the Writ Petition is taken up for final disposal at the admission stage itself. 3.Heard the learned counsel appearing for the petitioners as well as the the learned Special Government Pleader appearing for the respondents and perused the entire materials available on record.

4.According to the petitioners, they are hereditary trustees of Arulmighu Sri Mariammal Thirukovil. They were celebrating Panguni Chithirai festival every year. While so, in the year 1974, the 1st respondent has taken over the administration of the temple. Even after that, the Panguni Chithirai festival was conducted by the 3rd respondent till 2019. Due to Covid pandemic situation, no festival was conducted after 2019. While so, M.Ponnusamy, K.M.Kupusamy, K.Maheswaran and P.P.Kaliyannan filed petition before the Deputy Commissioner, HR & CE, Salem, to appoint them as hereditary trustees of the above said temple and the said petition was dismissed. Appeal filed by them before the 1st respondent was dismissed, as such, there is no hereditary trustee or trustees to the temple. The petitioners gave a representation dated 01.03.2022 to the 1st respondent, to arrange for the celebration of Panguni Chithirai festival for the year 2022 under the supervision of 3rd respondent. Since, no order is passed, the petitioners have come out with the present Writ Petition.

5.From the materials on record, it is seen, it is the case of the petitioners that even after the temple was taken over by the department in the year 1974, the 3rd respondent was conducting Panguni Chithirai festival till 2019. It is the further case of the petitioners that due to Covid pandemic situation, no festival was conducted after 2019. The petitioners have given representation dated 01.03.2022 to the 1st respondent for conducting festival under supervision of the 3rd respondent. In the said representation, the petitioners have made various allegations against K.Maheswaran and others. The petitioners have also stated that respondents should not grant permission to

third parties to conduct festivals and if such permission is granted, it will lead to law and order problem. In the representation, the petitioners have stated that they are the hereditary trustees and made allegations against K.Maheswaran and others. Those allegations have no relevance to the relief sought for in the Writ Petition. Considering the nature of relief sought for in the Writ Petition, the 3rd respondent is directed to consider the case of the petitioners with regard to conducting Panguni Chithirai festival for the year 2022 and take a decision for conducting the said festival, within a period of two weeks from the date of receipt of copy of this order. With the above direction, this Writ Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar gsa To

1. The Commissioner, Hindu Religious and Charitable Endowment Board, Chennai.

2. The Assistant Commissioner, Hindu Religious and Charitable Endowment Board, Chennai.

3. The Executive Officer, S.Valavanthi Arulmighu Mariamman Thirukovil, Namakkal.

+1cc to Mr.S.Muthukrishnan, Advocate, S.R.No.25859 +1cc to Special Government Pleader, S.R.No.26018(19/04/2022) W.P.No.9139 of 2022 BR(CO) PM/18/04/2022