Madras High CourtWP/11694/2023disposed of

V.Kasthuri v. The Commissioner

2023-04-18Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.04.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.No.11583 of 2023 V.Kasthuri W/o.Velu ... Petitioner Vs.

1.The Commissioner, HR & CE Department, Nungambakkam, Channi - 600 034.

2.The Joint Commissioner, HR & CE Department, Villupuram.

3.R.Rajaguru S/o.Ramaiah ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 and 2 to restrain the third respondent by conducting the Kumbhabisegam of Arulmighu Pazhaya Periyanayagi @ Angala Parameshwari Thirukoil situated at Paanayangal Village, Kallakurichi Taluk and District, on 1/4

26.04.2023 or any other date, by considering the representation made by the petitioner on 08.04.2023.

For Petitioner : Ms.G.Sumitra For Respondents : Mr.N.R.R.Arun Natarajan, Special Government Pleader [R1 & R2] Mr.M.Saravana Kumar [R3] *****

O R D E R

This writ petition has been filed by a devotee of a temple seeking for a direction to respondents 1 and 2 to restrain the third respondent from conducting the Kumbhabishegam of Arulmighu Pazhaya Periyanayagi @ Angala Parameshwari Thirukoil situated at Paanayangal Village, Kallakurichi Taluk and District.

2. Heard Ms.G.Sumitra, learned counsel for petitioner and Mr.N.R.R.Arun Natarajan, learned Special Government Pleader appearing for respondents 1 and 2 and Mr.M.Saravana Kumar, learned counsel appearing for third respondent.

3. The grievance of the petitioner is that the above said temple is under the control of Hindu Religious and Charitable Endowments 2/4

Department and in spite of the same, the third respondent started taking steps by issuing pamphlets as if he is going to perform Kumbabishegam on 26.04.2023. The petitioner immediately after coming to know of the same, made a representation to the respondents on 08.04.2023. Since the same did not evoke any response, the present writ petition has been filed before this Court.

4. Learned Special Government Pleader appearing on behalf of respondents 1 and 2, based on the written instructions from the Inspector of the HR & CE department, submitted that the HR & CE department has not given any permission to conduct any Kumbabishegam in the above said temple and if in case, any such Kumbabishegam is conducted without permission, proper action will be taken against the hereditary trustee.

5. In view of the specific stand taken by the HR & CE department, the apprehension raised by the petitioner has been sufficiently answered by the department.

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N.ANAND VENKATESH, J gm Recording the same, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 18.04.2023 Index: yes/no Speaking Order/Non-Speaking Order gm To 1.The Commissioner, HR & CE Department, Nungambakkam, Channi - 600 034.

2.The Joint Commissioner, HR & CE Department, Villupuram.

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