Dhanasekar v. The Assistant Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated:13.03.2025 Coram:

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.No.9910 of 2025

1. Dhanasekar, S/o. Mr.Balakrishnan, Amaravathi Pudur, Unjalur Post, Kodumudi Taluk, Erode-638 151.

2.M.Nallasivam, S/o. Mr.Malaikolunthu, Amaravathi Pudur, Unjalur Post, Kodumudi Taluk, Erode-638 151.

.. Petitioners /versus/

1. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, N0.2OF, Chinnamuthu Street, Perundurai Road, Erode-638 001.

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2. The Executive Officer, Arulmugu Mariamman Chellandiamman Thirukoil, Unjalur, Kolathupalayam, Office at Arulmigu Varadharaja Perumal Temple, Vengampudur, Kodumudi Taluk, Erode District - 638 151.

.. Respondents Writ Petition has been filed under Article 226 of the Constitution of India praying to issuea Writ of Mandamus directing the respondents to withdraw the notice circulated in respect of Arulmugu Mariamman Chellandiamman Thirukoil Thiruther Thiruvizha of 2025 festival for the procession of deity at Amaravathi Pudur, Unjalur Post, Kodumudi Taluk, Erode 638 151.

For Petitioners :Mr.G.K.Prem Kumar For Respondents :Mr.S.Ravi Chandran, AGP, HR and CE for R1 and R2

ORDER

This writ petition is filed to issue a Writ of Mandamus directing the respondents to withdraw the notice circulated in respect of Arulmigu Mariamman ChellandiammanThirukoil Thiruther Thiruvizha of 2025 festival for the procession of deity at Amaravathi Pudur, Unjalur Post, Kodumudi Taluk, Erode 638151.

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2.The grievance of the petitioner is that the festival starts with Poo sathuthal and Kambam Naduthal and it goes on for a number of days. Each of the villagers, traditionally conduct the festival on a particular day. From time immemorial in every year invitation with reference to the day on which the festival is conducted by the villagers of Amaravathi Pudur in respect of the 15th day function, it is generally mentioned as "Amaravathi Pudur Oor Pothumakkal only", but this year alone, the name of the individual's family is also included in the festival notice, that is printed on behalf of the temple. Such practice would hijack the very festival, which is conducted by the common public of the village, as if it is conducted by a particular individual. The petitioner's rights of the village cannot be given up.

3. Per contra, the learned Additional Government Pleader would submit that this year notice is clearly printed that the 15th day of the festival is conducted by the Amaravathi Pudur Oor Pothumakkal. Additionally, because the said family became the Ubayatharar by generously providing 3/6

for certain matters, their names are also printed.

4. I haveconsidered the rival submissions made on either side.

5. It is true that if the particular festival is conducted by the village in general, the 'Oor Podhumakkal' should be printed, but over and above the same, if any, other Ubayatharar wants to contribute also, there is nothing wrong in printing their names in the notice. However, it should not give an impression that the right of the village in general is taken away and the person has taken over the festival itself. Therefore, from the next year onwards, in respect of the festival that is conducted by the Amaravathi Pudur village, "Oor Pothumakkal Amaravathi Pudur" shall be printed in a bold format and if any other person is generously donating which can include the petitioner also, all their names can also be printed, however in a smaller font, so that to make it appear that the festival is primarily conducted only by the 'Oor Podhumakkal'.

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6. With the above observation, the Writ Petition stands disposed of. Consequently, connected Miscellaneous Petition is closed. No costs. 13.03.2025 Netural citation:no ari To:

1. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, N0.2OF, Chinnamuthu Street, Perundurai Road, Erode-638 001.

2. The Executive Officer, Arulmugu Mariamman Chellandiamman Thirukoil, Unjalur, Kolathupalayam, Office at Arulmigu Varadharaja Perumal Temple, Vengampudur, Kodumudi Taluk, Erode District - 638 151. 5/6

D.BHARATHA CHAKRAVARTHY,J.

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