V. Thiyagarajan, v. The Joint Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.08.2015
CORAM
THE HONOURABLE MR. JUSTICE M.M.SUNDRESH W.P.No.24975 of 2015 V.Thiyagarajan
...Petitioner
-Vs1.The Joint Commissioner, HR & CE Department, Nagapattinam District, Nagapattinam.
2.The Executive Officer, HR & CE Department, A/m.Mangiliammal Temple, Manakkadu, Vetharanyam Taluk, Nagapattinam District.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus directing the respondents to grant permission to conduct temple festival namely Arulmigu Mangiliyamman Sree Annan Sivanthan Sree Thundikaran and Parivara Deivam situated at Manakkadu Vetharanyam Taluk Nagapattinam District which is to be held on 16.08.2015 at 10.00 a.m. to 17.08.2015 at 10.00 a.m.
for one day For Petitioner : Mr.A.Saravanan For Respondents : Mr.P.Sanjay Gandhi, Additional Government Pleader
O R D E R
Seeking to conduct a temple festival, the petitioner has come forward to file this Writ Petition.
2.The learned counsel appearing for the petitioner submitted that what the petitioner seeks is to conduct a festival and therefore, appropriate orders may be passed.
3.Mr.P.Sanjay Gandhi, the learned Additional Government Pleader, on instructions, produced the entire records with respect to the case on hand. It appears that a festival was already conducted on
12.06.2015 by the Thakkar, in which all the community people have participated. Thereafter, an attempt was made to conduct the festival by members of a particular community. A peace committee meeting was conducted, in which it was resolved not to have anymore festival. The respondents also took a decision not to have further festival as it will lead to communal clashes and in the earlier one, all the communities have participated. The Executive Officer has also stated that it would also lead to law and order problem. The decision not to allow the conduct of festival was also communicated. 4.In view of the above, this Court is not inclined to entertain this Writ Petition. The petitioner is not vested with any right to seek a direction to conduct festival on a date as he likes. Admittedly, the festival was already conducted. The temple comes under the purview of the HR & CE Department. A decision has been taken to conduct the earlier festival and not to allow the subsequent one based on the relevant materials.
5.In such view of the matter, the Writ Petition is dismissed. No costs.
Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar va To 1.The Joint Commissioner, HR & CE Department, Nagapattinam District, Nagapattinam.
2.The Executive Officer, HR & CE Department, A/m.Mangiliammal Temple, Manakkadu, Vetharanyam Taluk, Nagapattinam District.
+1 cc to Mr.A.Saravanan, Advocate sr.42964 +1 cc to the Government Pleader sr.43601 W.P.No.24975 of 2015 gr(co) aa27/08/2015