K.Subramanian, v. The Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.11.2021
CORAM
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P. No. 30599 of 2016 and W.M.P. No. 26527 of 2016 K. Subramanian ... Petitioner -vs1. The Commissioner, Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai - 600 034.
2. The District Collector, Collector Office,
3. The Inspector, Hindu Religious and Charitable Endowment Department, Perambalur,
4. The Tahsildar, Vepanthattai Taluk,
5. The Superintendent of Police, Perambalur District, Perambalur.
6. The Inspector of Police, Mangalamedu Police Station, Perambalur District. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus directing the respondents to consider the representation of the petitioner dated 25.08.2016 in accordance with law, and direct the respondents to allow the parayar Community peoples to worship the Sri Maha Mariyaman Temple situated at Parumpalur Village Veppanthattai Taluk, perambalur District from 01.09.016
to 16.09.2016 and allow the temple entrance and receive the funds from the petitioner's community peoples (Thalaikattu or Kothu) to secure the ends of Justice.
For Petitioner : No Appearance For Respondents : Mr.N.R.R.Arun Natarajan Government Advocate
O R D E R
The prayer sought for herein is for Writ of Mandamus directing the respondents to consider the representation of the petitioner dated 25.08.2016 in accordance with law, and direct the respondents to allow the parayar Community peoples to worship the Sri Maha Mariyaman Temple situated at Parumpalur Village Veppanthattai Taluk, perambalur District from 01.09.016 to 16.09.2016 and allow the temple entrance and receive the funds from the petitioner's community peoples (Thalaikattu or Kothu).
2. Mr.N.R.R.Arun Natarajan, learned Government Pleader appearing on behalf of the respondents, on instructions would submit that, since the prayer sought for in the writ petition is to seek permission for the community people to worship the temple concerned for the festival to be conducted from 01.09.2016 to 16.09.2016 and the said festival, since was over in 2016 itself, the prayer sought for in this writ petition has become infructuous. Therefore the learned Government Pleader wanted to dispose of this writ petition as having become infructuous.
3. However on 11.11.2021, since there was no representation for the petitioner, recording the submission of the learned Government Pleader, this writ petition was posted under the caption "For Orders" today.
4. Today also when the matter was taken up for hearing, there is no representation for the petitioner.
5. I have considered the submission made by the learned Government Pleader and have perused the prayer sought for herein.
6. Since it is a Mandamus sought for by the petitioner seeking a direction directing the respondents to allow the
community people to worship the temple named Shri Maha Mariyamman Temple at Perambalur District, Veppenthattai Taluk from 01.09.2016 to 16.09.2016, since the said festival definitely would have been over, as specifically the petitioner sought the prayer only pertaining to the festival only scheduled to be conducted in September 2016, as has been rightly pointed out by the learned Government Pleader, the said prayer has become infructuous.
7. In view of the above, this writ petition is liable to be dismissed and accordingly it is dismissed. However, in case any similar issue is raised in future years for worship by the community people concerned in the temple concerned at the time of festival or any date, it is open to the petitioner or any other responsible person from the community concerned to agitate the issue in the manner known to law.
8. With these observations, this writ petition is dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is dismissed. SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR To
1. The Commissioner, Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai - 600 034.
2. The District Collector, Collector Office,
3. The Inspector, Hindu Religious and Charitable Endowment Department, Perambalur,
4. The Tahsildar, Vepanthattai Taluk,
5. The Superintendent of Police, Perambalur District, Perambalur.
6. The Inspector of Police, Mangalamedu Police Station, W.P. No. 30599 of 2016 sj[co] srg 29/11/2021