E.Shankar v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.04.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH E.Shankar S/o.Ethiraj ... Petitioner Vs.

1.The Commissioner, HR & CE Department, 119, Uttamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

2.The Joint Commissioner, HR & CE Department, 119, Uttamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to give permission to provide "Thirukkalyana Virundhu" inside Arulmighu Vadapalani Murugan Temple Compound, Vadapalani, Chennai on "Vaigasi Pushpa Pallakku and Thirukkalyanam" for the festival to be conducted on 02.05.2023 by considering the petitioner's representation dated 07.07.2022.

For Petitioner : Ms.R.S.Maitreya 1/4

For Respondents : Mr.K.Karthikeyan Government Advocate *****

O R D E R

This writ petition has been filed for issuance of a writ of mandamus directing the respondents to permit the petitioner to provide "Thirukkalyana Virundhu" inside the Arulmighu Vadapalani Murugan Temple Compound, Vadapalani, Chennai, on 02.05.2023.

2. Heard Ms.R.S.Maitreya, learned counsel for petitioner and Mr.K.Karthikeyan, learned Government Advocate appearing for respondents.

3. The grievance of the petitioner is that he is a devotee, who wants to give "Thirukkalyana Virundhu" to other devotees of the temple during the auspicious day on 02.05.2023. According to the petitioner, he is not allowed to give the "Thirukkalyana Virundhu" inside the temple, whereas, he has been asked to provide food only in the place that has been earmarked by the Joint Commissioner/Executive Officer. The further grievance of the petitioner is that the gurukal belonging to the temple are allowed to provide food inside the temple compound, whereas 2/4

the petitioner has not been allowed.

4. In the considered view of this Court, the petitioner does not have any legal right to insist that he must be allowed to provide "Thirukkalyana Virundhu" only inside the temple compound. The temple has already earmarked a place for providing food to the devotees and the petitioner has to necessarily utilize this place. If every devotee is allowed to provide food inside the temple compound, the temple will be virtually converted into a eatery place and it will go out of control. Therefore, this Court does not find any ground to interfere with the decision taken by the Executive Officer permitting the petitioner to provide "Thirukkalyana Virundhu" in the place earmarked for the same. In the result, this Writ Petition stands dismissed. No costs. 27.04.2023 Index: yes/no Speaking Order/Non-Speaking Order gm N.ANAND VENKATESH, J 3/4

gm To 1.The Commissioner, HR & CE Department, 119, Uttamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

2.The Joint Commissioner, HR & CE Department, 119, Uttamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

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