K.Shanmugam v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.04.2025 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.No.16100 of 2025 K.Shanmugam ..

Petitioner Vs.

1. The Revenue Divisional Officer The Revenue Divisional Officer, Gobichettipalayam, Erode District.

2. The Tahsildar Gobi Taluk Office, Sh 15, Gobichettipalayam - 638452

3. Joint Commissioner Hindu Religious And Charitable Endowment, Perundurai Road, V. Chatram, Nggo Colony, Erode - 638011

4. Assistant Commissioner Hindu Religious And Charitable Endowment, Ex-Army Bungalow, Erode - 638

5. The Deputy Superintendent Of Police Gobichettipalayam, Erode District - 638313

6. Inspector Of Police Gobichettipalayam Police Station, Erode District.

7. S. Karthikeyan

8. P. S. Srivelu

9. P.B. Aalumalai .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, to direct the respondent Nos. 1 to 4 to appoint a fit person to conduct the festival dated 01.05.2025 of "Vinayagar, Mahakaliamman, Mariamman Temple" at Puthukaraipudur Village, Gobichettipalayam Taluk, Erode District along with police protection by the 5th respondent and pass such further or other order. For the Petitioner : Mr.A.Abraham John Samuel For the Respondents : Mr.S.Balamurugan Government Advocate for RR1 & 2 Mr.K.Karthikeyan Government Advocate for RR3 & 4

ORDER

The petitioner is seeking to appoint a fit person to conduct the festival dated 01.05.2025 of "Vinayagar, Mahakaliamman, Mariamman Temple" at Puthukaraipudur Village, Gobichettipalayam Taluk, Erode District.

2. The learned counsel for the petitioner would submit that unless a fit person is appointed, the temple festival would not be properly conducted.

3. The learned counsel for the respondent would submit that already with reference to the claim of the petitioner regarding certain customary rights, this Court directed to conduct an enquiry by order dated 21.03.2025 in W.P.No.10164 of 2025 and the enquiry is in progress and is in advanced stage. At this stage, it is not possible to appoint a fit person.

4. Further, from the notice that is printed with reference to the temple festival, it can be seen that the festival starts from 23.04.2025 and ends on 08.05.2025 and the main festival is on 01.05.2025, the 18th day of Chithirai month. Therefore, when the festival starts from tomorrow, at the last minute, this Court cannot direct the respondents to appoint a fit person etc., and no relief whatsoever cannot be granted. Depending on the outcome of the enquiry that is already undertaken, with reference to the ensuing years, the petitioner can make

appropriate claims and the same shall be considered by the respondents.

5. With the above directions, this Writ Petition stands disposed of. No costs. Consequently, the associated miscellaneous petition is closed. 22.04.2025 : Yes/No Jer To

1. The Revenue Divisional Officer The Revenue Divisional Officer, Gobichettipalayam, Erode District.

2. The Tahsildar Gobi Taluk Office, Sh 15, Gobichettipalayam - 638452

3. The Joint Commissioner Hindu Religious And Charitable Endowment, Perundurai Road, V. Chatram, Nggo Colony, Erode - 638011

4. The Assistant Commissioner Hindu Religious And Charitable Endowment, Ex-Army Bungalow, Erode - 638

5. The Deputy Superintendent Of Police Gobichettipalayam, Erode District - 638313

6. The Inspector Of Police Gobichettipalayam Police Station, Erode District.

D.BHARATHA CHAKRAVARTHY, J.

Jer 22.04.2025