Pandian v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :05.09.2023

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.26211 of 2023 and W.M.P.No.25612 of 2023 Pandian

...Petitioner

Vs.

1.The Commissioner, HR & CE Department, Nungambakkam High Road, Chennai - 600 034.

2.The Superintendent of Police, Villupuram, Villupuram District.

3.Joint Commissioner, HR & CE Administration Department, Villupuram.

4.Executive Officer, Arulmigu Perundevi Nayagi Samethe Varadaraja Perumal Temple, Ananthapuram, Gingee Taluk, Villupuram District.

...Respondents

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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 of the petitioner dated 02.09.2023, and consequently directing them to strictly adhere to the order of the 3rd respondent vide its proceedings in O.A.No.2 of 2022 dated 12.08.2022, thereby ensuring and assigning equal opportunity held as customary practise to the petitioner's group viz., 'Oorakali' to play the 'Uriyadi Thiruvizha' during the 'Krishna Jayanthi' celebration scheduled to be held on 06.09.2023/07.09.2023 and for the consecutive years. For Petitioner : Mr.M.Govindaraju For Respondents : Mr.N.R.R.Arun Natarajan Special Government Pleader (HR & CE)

O R D E R

The petitioner herein seeks a direction to consider his representation dated 02.09.2023 and consequently direct them to strictly adhere to the order of the 3rd respondent vide its proceedings in O.A.No.2 of 2022 dated 12.08.2022.

2.When the matter is taken up for hearing, the learned counsel for the petitioner submits that the petitioner will be satisfied if the order passed by the 3rd respondent in O.A.No. 2 of 2022 dated 12.08.2022 is implemented by 2/4

giving equal opportunity to all the persons.

3.Mr.N.R.R.Arun Natarajan, learned Special Government Pleader (HR & CE) appearing for the respondents on instructions, submits that there will be no difficulty in implementing the order passed in O.A.No. 2 of 2022 dated 12.08.2022, by giving equal opportunity to all the persons for performing "Uriyadi". The said submission made by the learned Special Government Pleader for the respondents is recorded and the Writ Petition is disposed of by directing the respondents to implement the order passed in O.A.No.2 of 2022 dated 12.08.2022, by giving equal opportunity to all the devotees to perform "Uriyadi" in Krishna Jayanthi scheduled to be held on 06.09.2023/07.09.2023.

4.With this direction, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 05.09.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nti 3/4

Note: Issue order copy on 05.09.2023 S.SOUNTHAR , J.

nti To 1.The Commissioner, HR & CE Department, Nungambakkam High Road, Chennai - 600 034.

2.The Superintendent of Police, Villupuram, Villupuram District.

3.The Joint Commissioner, HR & CE Administration Department, Villupuram.

4.The Executive Officer, Arulmigu Perundevi Nayagi Samethe Varadaraja Perumal Temple, Ananthapuram, Gingee Taluk, Villupuram District.

W.P No.26211 of 2023 05.09.2023 4/4