Hindu Dharma Parishad v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.07.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.(MD) No.10037 of 2021 Hindu Dharma Parishad rep. by K.K.Ramesh Managing Trustee No.26A, Old Mahalipatti Road Madurai 625 001.

.. Petitioner Vs.

1. The State of Tamil Nadu rep. by its Principal Secretary to Chief Minister Chief Minister Office, Secretariat Chennai 600 009.

2. The State of Tamil Nadu rep. by its Secretary Hindu Religious and Charitable Endowments Department Secretariat, Chennai 600 009.

3. The Commissioner Hindu Religious and Charitable Endowments Department 119, Uthamar Gandhi Salai Nungambakkam Chennai 34.

..Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari calling for the records pertaining to the second respondent impugned order S.K.No.164 dated 27.05.2021 and quash the same. For Petitioner : Mr.Ramesh K.K.

For Respondents : Mr.C.Harsha Raj Counsel for State

ORDER

(Made by the Hon'ble Chief Justice) The petitioner claims to be a religious body and Mr.K.K.Ramesh, as its Managing Trustee, appears to be religious enough.

2. However, the prayer in the petition, filed in public interest, is for an appropriate writ to be issued by this court to quash an order dated May 27, 2021.

3. The order dated May 27, 2021 is a press release issued by the State government, through the instrumentality of the Secretary in the Hindu Religious and Charitable Endowments Department, announcing Covid relief in the form of food packets from the Annadanam scheme and the funds.

4. Given the havoc that the pandemic has wreaked, particularly in course of its second surge, there can be little doubt of the need for all who can afford to help others to reach out. As far as the temples or other religious institutions are concerned, it is heartening that they have come out to support the society at large. The constitutional sense of morality supports the action taken or proposed to be taken by the relevant department of the State and if the petitioner finds it disagreeable, the petitioner has to live with it.

5. No interference is called for, particularly since the impugned notification undertakes to provide relief by way of food packets to those who need the same. It will, of course, be open to the petitioner not to partake of such gift.

6. W.P.(MD) No.10037 of 2021 is dismissed. It is hoped that whatever religion or belief the petitioner subscribes to or professes to propagate, the same does not make the petitioner petty enough to repeat the present exercise in future.

7. There will be no order as to costs. WMP (MD) Nos.7748 and 7749 of 2021 are closed.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar kpl

To

1. The Principal Secretary to Chief Minister Chief Minister Office, Secretariat Chennai 600 009.

2. The Secretary Hindu Religious and Charitable Endowments Department Secretariat, Chennai 600 009.

3. The Commissioner Hindu Religious and Charitable Endowments Department 119, Uthamar Gandhi Salai Nungambakkam Chennai 34.

W.P.(MD) No.10037 of 2021 MG(CO) SU(23/07/2021)