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Madras High CourtWP/26077/2025disposed of

B.Sivaramakrishnan v. The Collector

2025-07-17Honourable Mr Justice N. Anand Venkatesh8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-07-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. B.Sivaramakrishnan S/o.Balaraman Naicker, East Main Road, Near Anjali Thirumana Mandapam, Pennadam, Cuddalore District Petitioner(s) Vs

1. The Collector Cuddalore District, Cuddalore 2.The Assistant Commissioner Hidnu Religious And Charitable Endowments, Cuddalore 3.The Inspector /Fit Person Hindu Religious And Charitable Endowments, Thittakudi, Cuddalore 4.The Thasildar Thitakudi Taluk, Cuddalore District Respondent(s)

PRAYER Writ petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus directing the respondents to grant permission to the petitioner to conduct the Aadi festival commencing from 24.07.2025 to 02.08.2025 in the Arulmigu Sri Ellaiamman Temple at Pennadam, Cuddalore District, by considering the representations made by the petitioner dated 19.06.2025 and 01.07.2025 within a time frame as may be fixed by this Court and pass orders.

For Petitioner(s):

Mrs.Elizabeth Ravi For Respondent(s):

Mr.S.Ravichandran Additional Government Pleader for R1 to R3

ORDER

This writ petition has been filed for the issue of writ of Mandamus directing the respondents to grant permission to the petitioner to conduct Adi Festival commencing from 24.07.2025 to 02.08.2025 in the Arulmigu Sri Ellaiamman Temple at Pennnadam, Cuddalore District after considering the representations made by the petitioner on 19.06.2025 and 01.07.2025. 2.

The petitioner filed a similar writ petition in the year 2024 in WP No.22405 of 2024 and the said writ petition was disposed of by an order dated 02.08.2024 in the following terms:-

6.

For the forgoing reasons, this Court directs the petitioner to conduct the Aadi Festival which is scheduled to be held on 07.08.2024 to 16.08.2024 and the fit person shall supervise the same. It is made clear that the rituals and other poojas should be held in the usual way and if there is any change the same should be done with the approval of the Fit person. The Fit person is directed to monitor the festival and if any issue arises, he shall take charges and conduct the festival. Regarding the issue of trusteeship, the petitioner shall make an application to the Joint Commissioner under Section 63 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959. After receiving the application from the petitioner, the concerned authorities are directed to pass appropriate orders within a period of 16 weeks from the date of receipt of the application.

3.

The learned Government Advocate appearing on behalf of the HR&CE produced the written instructions instructions received from the Thakkar /Executive Officer of the temple. The relevant portions are extracted hereunder:-

4.

Heard Mrs.Elizabeth Ravi, learned counsel for the petitioner and Mr.S.Ravichandran, learned Additional Government Pleader for Respondents 1 to 3.

5.

The petitioner has filed a similar petition as was filed during the year 2024. However, on going through the written instructions received from the fit person, it is seen that after the above permission was granted by this Court, there was a lot of confusion in conducting the festival. That apart, the petitioner, who was directed to file an application under Section 63 of the Act, had initially filed an application under Section 54(1) before the Joint Commissioner and this was returned. Thereafter, the petitioner has filed an application under Section 63(b) of the HR&CE Act and the same is pending before the Joint Commissioner. That apart, it is alleged that there is a hostile atmosphere prevailing in that locality and therefore, the respondent are objecting for the petitioner conducting the Adi festival. 6.

Taking into consideration the facts and circumstances of the case and without going into the merits of the case and to ensure that the Adi festival is conducted as scheduled, there shall be a direction to the 2 nd respondent to take control and conduct the Adi festival this time. The petitioner and the other village people shall be permitted to participate in the festival. It shall be ensured that no law and order is created by any one. There shall be a further direction to

the Joint Commissioner, Cuddalore, to deal with the application submitted by the petitioner under Section 63(b) of the HR&CE Act and pass orders, after affording opportunity to the petitioner, within a period of six weeks from the date of receipt of the copy of this order.

7.

This writ petition is disposed of with the above directions. No costs.

17-07-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Collector Cuddalore District, Cuddalore 2.The Assistant Commissioner Hidnu Religious And Charitable Endowments, Cuddalore 3.The Inspector Fit Person Hindu Religious And Charitable Endowments, Thittakudi, Cuddalore 4.The Thasildar Thitakudi Taluk, Cuddalore District

N.ANAND VENKATESH J., rka 17-07-2025