N.Manikandan v. Principal Secretary To Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.08.2023

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.23075 of 2023 N.Manikandan

...Petitioner

Vs.

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

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

3.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Commercial Tax Building, Ground Floor, Dr.Balasundaram Salai, Coimbatore Central, Coimbatore- 641 018.

4.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Arulmigu Veeragava Perumal Temple Complex, Tiruppur District - 641 604.

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5.The Thakkar, Sri Ayyappan Kovil, College Road, Tiruppur, Tiruppur District - 641 602.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to consider the representation dated 26.06.2023 and to conduct the "Kovil Kumbhabhishekam" of the Sri Ayyappan Kovil situated at college road, Tiruppur - 641 602 by the Hindu Religious and Charitable Endowments Department.

For Petitioner : Mr.P.Thinesh For Respondents : Mr.K.Karthikeyan Government Advocate (HR & CE)

O R D E R

The writ petition is filed seeking direction to the respondents to consider the petitioner's representation dated 26.06.2023 and to conduct Kumbhabhishekam of Sri Ayyappan Kovil situated at College Road, Tiruppur. 2.It is the case of the petitioner that he is a devotee of Lord Sri Ayyappan and member of "Sri Ayyappan Baktha Jana Sangam" which is 2/6

actively participating in the management of the Sri Ayyappan temple located at College Road, Tiruppur. The said Sangam was formed for the purpose of development and administration of the temple. The petitioner herein acted as President of the said Sangam from 2015 to 2018 and again from 2021 to 2024. It is also stated by the petitioner that their rival faction in the Sangam formed an unauthorised committee in the meeting convened on 22.01.2023 and removed the petitioner from the post of President. Aggrieved by the same, the petitioner filed the suit in O.S.No.13 of 2023 on the file of Principal District Munsif Court, Tiruppur, seeking declaration that the petitioner continues as President of the above said Sangam.

It is further stated by the petitioner that the present office bearers of the sangam has announced performance of Kumbhabhishekam for the above said temple. Therefore, the petitioner submitted a representation dated 26.06.2023 to the second respondent herein stating that a date has been fixed for performance of Kumbhabhishekam, even while the above said suit was pending. Further, the petitioner requested the respondents not to perform Kumbhabhishekam, when the above said suit was pending. The said representation of the petitioner has not been considered by the respondent officials. Therefore, the petitioner has come before this Court by way of this writ petition.

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3.The main grievance of the petitioner appeared to be performance of Kumbhabhishekam, when the suit filed by him is pending before the Civil Court. In such circumstances, it is always open to the petitioner to approach the Civil Court seeking necessary interim orders. The present writ petition filed by the petitioner seeking direction to the respondents to consider his representation, objecting to Kumbabishekam citing pendency of Civil suit filed by him cannot be entertained and therefore, the writ petition is dismissed with liberty to the petitioner to move before the Civil Court seeking appropriate interim relief. No costs.

07.08.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nti 4/6

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

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

3.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Commercial Tax Building, Ground Floor, Dr.Balasundaram Salai, Coimbatore Central, Coimbatore- 641 018.

4.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Arulmigu Veeragava Perumal Temple Complex, Tiruppur District - 641 604.

5.The Thakkar, Sri Ayyappan Kovil, College Road, Tiruppur, Tiruppur District - 641 602 5/6

S.SOUNTHAR , J.

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