Madras High CourtWP/12792/2023disposed of

Roja v. The Secretary To Government

2023-04-26Honourable Mr Justice S. Vaidyanathan,Honourable Mrs Justice R. Kalaimathi9 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.04.2023 CORAM :

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN AND THE HON'BLE MRS.JUSTICE R.KALAIMATHI Roja .. Petitioner Vs 1.The Secretary to Government, Tourism, Culture and Religious Endowments Department, Secretariat, Fort St. George, Chennai - 600 009.

2.The Commissioner, Hindu Religious and Charitable Endowments (Admn) Department, No.119, Uthamar Gandhi Road, Nungambakkam, Chennai - 600 034.

3.The Joint Commissioner, Hindu Religious and Charitable Endowments (Admn) Department, Villupuram District, Villupuram - 605 602.

4.The Assistant Commissioner, Hindu Religious and Charitable Endowments (Admn) Department, Villupuram District, Villupuram - 605 602.

5.The Vanur Inspector, Hindu Religious and Charitable Endowments (Admn) Department, Thiruchitrambalam Koot Road, Vanur Taluk, Villupuram - 605 109 6.The Fit Person, Arulmigu Sri Draupathi Amman Alayam at Marakkanam, and The Executive Officer Arulmigu Boomieswaran Thirukoil - TN020393 ECR Road, Marakkanam - 604 303 Villupuram District.

7.The District Collector, Villupuram District, Villupuram - 605 602.

8.The Superintendent of Police, Villupuram Collectorate Complex, Villupuram - 605 602 Villupuram District.

9.The Deputy Superintendent of Police, Kottakuppam Sub Division, Thiruchitrambalam Koot Road, Vanur Taluk, Villupuram - 605 109.

10.The Inspector of Police, Marakkanam Police Station, Marakkanam - 604 303.

11.The Tashildar, Marakkanam Taluk, Marakkanam, Villupuram District - 604 303 12.The Executive Officer, Marakkanam Town Panchayat, Marakkanam Taluk, Villupuram District - 604 303 13.M.S.Anbalagan Gounder 14.S.Jayaraman Gounder 15.Anniyur Siva 16.R.Anandan Chettiar .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to consider the representation of the petitioner dated 25.03.2023 within a time frame fixed by this Court and direct the Hindu Religious and Charitable Endowments Department officials to take the administration and possession of the temple Arulmigu Sri Draupathi Amman Alayam, Marakkanam, Marakkanam Taluk, Villupuram District as per the order dated 01.02.2023 passed by the Commissioner, HR & CE, Chennai, 2nd respondent herein immediately.

For the Petitioner : Mr.A.V.Arun For the Respondents : Mr.N.R.R.Arun Natarajan Spl. GP (HR & CE) for respondents 1 to 6 : Mr.P.Muthukumar State Government Pleader for respondents 7 to 12

ORDER

(Order of the court was made by S.Vaidyanathan, J.) This writ petition has been filed by the petitioner for issuance of a writ of mandamus directing the respondents to consider her representation dated 25.3.2023 and to direct the officials of the Hindu Religious and Charitable Endowments Department to take the administration and possession of Arulmigu Sri Draupathi Amman Alayam, Marakkanam as per the order dated 1.2.2023 passed by the second respondent.

2. When the matter is taken up for hearing, Mr.N.R.R.Arun Natarajan, learned Special Government Pleader (HR & CE) appearing for respondents 1 to 6, by producing a copy of the proceedings of the fourth respondent in Sa.Mu.Na.Ka.No.4619/ 2022/A2, dated 20.02.2023, submitted that the Executive Officer of Arulmigu Boomieswarar Temple, Marakkanam Town, has been appointed as a Fit Person of Arulmigu Sri Draupathi Amman Alayam, Marakkanam, who will take care of the administration and

possession of the said temple.

3. Since the Fit Person has been appointed for Arulmigu Sri Draupathi Amman Alayam, Marakkanam, the grievance of the petitioner has been redressed and the Fit Person will take care of the administration of Arulmigu Sri Draupathi Amman Alayam, Marakkanam. For taking control over possession of the temple, if police assistance is required, the Fit Person may seek police assistance from the jurisdictional police station, which would render necessary assistance.

4. At this juncture, learned counsel for the petitioner submitted that an appropriate direction may be issued for conducting Chithirai and Vaikasi festivals which would usually start during the second week of the Tamil month Chithirai and would end in the first week of the Tamil month Vaikasi.

5. Insofar as conducting Chithirai and Vaikasi festivals is concerned, it is for the Fit Person and the Executive Officer of the

temple to decide and this Court exercising its discretionary jurisdiction under Article 226 of the Constitution of India is not inclined to issue any direction to the respondent officials on this aspect.

6. With the above observation, the writ petition is disposed of. There will be no order as to costs. Consequently, W.M.P.No.12599 of 2023 is closed.

(S.V.N., J.) (R.K.M., J.) 26.04.2023 Index :

Yes/No Yes/No bbr To:

1.The Secretary to Government, Tourism, Culture and Religious Endowments Department, Secretariat, Fort St. George, Chennai - 600 009.

2.The Commissioner, Hindu Religious and Charitable Endowments (Admn) Department, No.119, Uthamar Gandhi Road, Nungambakkam, Chennai - 600 034.

3.The Joint Commissioner, Hindu Religious and Charitable Endowments (Admn) Department, Villupuram District, Villupuram - 605 602.

4.The Assistant Commissioner, Hindu Religious and Charitable Endowments (Admn) Department, Villupuram District, Villupuram - 605 602.

8.The Superintendent of Police, Villupuram Collectorate Complex, Villupuram - 605 602, Villupuram District.

9.The Deputy Superintendent of Police, Kottakuppam Sub Division, Thiruchitrambalam Koot Road, Vanur Taluk, Villupuram - 605 109.

10.The Inspector of Police, Marakkanam Police Station, Marakkanam - 604 303.

11.The Tashildar, Marakkanam Taluk, Marakkanam, Villupuram District - 604 303 12.The Executive Officer, Marakkanam Town Panchayat, Marakkanam Taluk, Villupuram District - 604 303

S.VAIDYANATHAN, J.

AND R.KALAIMATHI, J.

bbr W.P.No .12792 of 2023 26.04.2023