K.Perumal v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.04.2022 C O R A M THE HON'BLE MS.JUSTICE V.M.VELUMANI W.P.No.9716 of 2022 K.Perumal S/o.Krishnan President Arulmighu Angalamman Tiruppani Committee, Angalamman Koil Street, Madagadipet, Mannadipet Commune, Puducherry - 605 107.

...Petitioner

Vs 1.The Secretary, Hindu Religious Institutions Government of Puducherry, Puducherry.

2.The Commissioner, Hindu Religious Institutions and Wakf, Government of Puducherry, Puducherry.

...Respondents

Prayer Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents to permit to continue the present Tiruppani Committee of Arulmighu Angalamman Temple as approved by the 2nd respondent vide Communication No.9682/esaNi/Koo.3/2020 dated 12.02.2020 and also allow them to perform Maha Kumbabhishegam of the Temple that is going to be conducted on 03.06.2022.

For Petitioner :

Mr.R.Thiyagarajan For Respondents :

Mrs.G.DJearany Government Advocate (Pondicherry)

ORDER

The petitioner has come out with the present Writ Petition for a direction to the respondents to permit to continue the present Tiruppani Committee of Arulmighu Angalamman Temple as approved by the 2nd respondent vide Communication No.9682/esaNi/Koo.3/2020 dated 12.02.2020 and also allow them to perform Maha Kumbabhishegam of the Temple that is going to be conducted on 03.06.2022.

2.By consent of the learned counsel appearing for the petitioner as well as learned Government Advocate [Pondy] appearing for the respondents, this Writ Petition is taken up for final disposal at the stage of admission itself. 3.According to the petitioner, Arulmighu Angalamman Temple is one of the oldest temple in the Union Territory of Puducherry. The said temple is owning landed properties. The Special Officer was appointed by the 1st respondent on 13.11.2019. Since Kumbabishagam was not conducted for long time, the Special Officer took steps and formed a Committee consisting of 20 members and the same was approved by the 2nd respondent by proceedings dated 12.02.2020. The Special Officer appointed by the 1st respondent is the treasurer of the said Thirupani Committee.

Due to COVID -19 situation, the renovation work was started only in the year 2021 and almost 95% of the work has been completed. The Thirupani Committee has decided to conduct Kumbabishegam on 03.06.2022. The Thirupani Committee has also printed invitation and invited the Hon'ble Lieutenant Governor and Hon'ble Chief Minister and other dignitaries for the function. At this stage, the 2nd respondent is taking steps to appoint the Board of Directors as well as to change the Special Officer. At this stage, if the Board of Directors are appointed or the Special Officer is changed, the renovation work will be stalled. Hence, the petitioner gave a representation dated 09.04.2022 requesting the respondents to postpone the appointment of Board of Trustees and Special Officer till Kumbashigam is conducted on 03.06.

2022 and has come out with the present Writ Petition.

4.Mrs.G.DJearany, learned Government Advocate appearing for the respondents on instruction submitted that the respondents are not going to appoint trustees immediately. A proposal was sent to the Government and the Government has not issued any order to stop the renovation work and the representation of the petitioner will be considered within the time frame fixed by this Court. 5.Heard the learned counsel appearing for the petitioner as well as learned Government Advocate appearing for the respondents and perused the materials on record.

6.Considering the above submission of the learned counsel appearing for the petitioner that 95% of the work for renovation of the Arulmighu Angalamman Temple has been completed and date for conducting Kumbabishagam is fixed on 03.06.2022 and the submission of the learned Government Advocate [Pondy] appearing for the respondents that the respondents are not going to appoint trustees immediately, the respondents are directed to consider the representation of the petitioner on merits and in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order.

7.With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rst To:

1. The Secretary, Hindu Religious Institutions Government of Puducherry, Puducherry.

2. The Commissioner, Hindu Religious Institutions and Wakf, Government of Puducherry, Puducherry.

+1cc to Mr.R.Thiyagarajan, Advocate SR. No. 27780 +1cc to Government Pleader (Puducherry) SR. No. 27801 W.P.No.9716 of 2022 RK (CO) PR (12/05/2022)