K.Ramasamy v. The Joint Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :25.07.2023

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR WMP.Nos.9300 and 9301 of 2023 K.Ramasamy

...Petitioner

Vs 1.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Salem - 636 001.

2.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Salem - 636 001.

3.The Fit person, A/m Velayuthasamy Temple, Vattamalai, Katheri Village, Sankagiri Taluk, Salem District.

... Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, to issue a writ of Certiorari, praying to call of the records pertaining to the impugned order dated 01.03.2023 passed by the 2nd respondent herein bearing Na.Ka.No.104/2023/AA2 and quash the same. 1/4

For Petitioner : Mr.V.P.K.Gowtham For Respondents : Mr.K.Karthikeyan Government Advocate for HR & CE

O R D E R

The writ petition is filed challenging the order passed by the 2nd respondent constituting an advisory committee for conduct of Panguni Uthira Thiruvizha in Arulmighu Velayutha Swami Thirukovil, during the year 2023.

2. When the matter is taken up for hearing, the learned Government Advocate appearing for the respondents submitted that the Panguni Uthira Thiruvizha in the year 2023 was already over, therefore, the writ petition has become infructuous.

3. The learned counsel appearing for the petitioner submitted that the 2nd respondent has no power to Constitute advisory committee to conduct festival in the temples.

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4. In view of the fact that the Panguni Uthira Thiruvizha for the present year is already over, we need not go into the question, whether the respondent has got power to constitute committee or not. On the other hand, it is brought to the notice of this Court by the learned counsel for the respondent that the Commissioner of HR and CE had issued a circular on 25.05.2023, Circular No.e/f/vz;/15973-2023-N5 stating that no committee in the name of "Thiruvizha kuzhu" shall be formed for celebrating festival in any temples under the control of the HR and CE Department.

5. In view of the circular, there is no possibility for formation of such committee in future by the respondents. Recording the said statement made by Government Advocate for HR & CE Department, this writ petition is disposed of.

No costs. Consequently, connected miscellaneous petitions are closed.

25.07.2023 Index : Yes/No Speaking order:Yes/No ub 3/4

S.SOUNTHAR, J.

ub To 1.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Salem - 636 001.

2.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Salem - 636 001.

3.The Fit person, A/m Velayuthasamy Temple, Vattamalai, Katheri Village, Sankagiri Taluk, Salem District.

W.P.No.9172 of 2023 25.07.2023 4/4