K.Pazhaniappan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.06.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.17673 of 2023 K.Pazhaniapan Petitioner vs.

1.The Commissioner, Hindu Religious and Charitable Endowment Department, Uttamar Gandhi Road, Nungambakkam, Chennai - 600 034.

2.The Tahsildar, Numbiyur Taluk, Erode District.

3.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Erode.

4.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Erode.

5.The Inspector (In-Charge) Hindu Religious and Charitable Endowment Department, Gobichettipalayam, Erode.

6.The Sub Inspector of Police, Varappalayam Police Station, Erode District.

7.Periasamy Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 4th and 5th respondent to conduct the temple festival as per the direction issued by the 2nd respondent dated 02.06.23. For Petitioner : Mr.M.Maharaja For Respondents : Mr.K.Karthikeyan Government Advocate for R1, R3 to R5 Mr.C.Selvraj Additional Government Pleader for R2 and R6

O R D E R

This writ petition has been filed for issue of writ of mandamus directing the 4th and 5th respondents to conduct the temple festival as per the decision that was arrived in the Peace Committee meeting and which was recorded by the 2nd respondent in the proceedings dated 02.06.2023.

2.When the matter was taken up for hearing, the learned Government Advocate appearing on behalf of respondents 1, 3, 4 & 5 produced the proceedings dated 05.06.2023 and submitted that a Committee has been constituted and it is this Committee which is going to conduct the festival as per the agreement that was arrived at in the Peace Committee Meeting held before the 2nd respondent. The learned Government Advocate further submitted that as agreed in the Peace

Committee meeting, both the parties will be permitted to participate and perform their prayers as per their customs and practise. The learned counsel for the petitioner submitted that in spite of that understanding that was arrived at before the 2nd respondent, the opposite party has issued notice and has also given the schedule for conducting the festival.

3.It is made clear that the festival will be conducted only by the Committee appointed and both the parties will not be allowed to issue any notice and it was brought to the notice of this Court that the festival started from 12.06.2023 onwards and it concludes on 03.07.2023. The HR & CE Department shall ensure that the decision that was arrived at in the Peace Committee Meeting is complied with in letter and spirit without any default. Since the Committee is going to conduct the festival, the expenses will have to met out only by the respective parties and hence, the parties are directed to co-operate with the Committee appointed by the HR & CE Department and they shall be provided with all the expenses to conduct the festival. 4.This writ petition is disposed of in the above terms. No Costs. 14.06.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No ssr Note:Issue Order Copy on 15.06.2023

N. ANAND VENKATESH, J.

ssr To 1.The Commissioner, Hindu Religious and Charitable Endowment Department, Uttamar Gandhi Road, Nungambakkam, Chennai - 600 034.

2.The Tahsildar, Numbiyur Taluk, Erode District.

3.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Erode. 4.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Erode. 5.The Inspector (In-Charge) Hindu Religious and Charitable Endowment Department, Gobichettipalayam, Erode.

6.The Sub Inspector of Police, Varappalayam Police Station, Erode District.

W.P No.17673 of 2023 14.06.2023