B.Jagannath v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.04.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD B.Jagannath .. Petitioner -vs1. The Commissioner, Department (HR & CE), Nungambakkam, Chennai 600 034.

2. The Joint Commissioner, Department (HR & CE), Villupuram Zone and Division, Villupuram.

3. The Assistant Commissioner cum Executive Officer, Arulmighu Angalamman Temple, Melmalaiyanur Village, Gingee Taluk, Villupuram District.

4. The Assistant Commissioner, Department (HR & CE), Villupuram, Villupuram.

5. The District Collector, Villupuram District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 4 to consider

strictly observe and practice the temple Agamas, Customs, Traditions especially pertaining to Moolavar and Utsavar idols of the Arulmighu Angalamman Temple, Melmalaiyannur Village, Gingee Taluk, Villupuram Zone and Division - also based upon the Adi Saiva Sivachariyar judgment of hte Hon'ble Supreme Court and my representation dated 25.07.2022. For Petitioner :

Mr.B.Jagannath Party-in-person For Respondents :

Mr.NRR.Arun Natarajan Spl. Govt. Pleader (HR & CE) for RR 1 to 4 :

Mr.P.Harish Govt. Advocate for R-5 * * * * *

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.B.Jagannath, petitioner-in-person, Mr.NRR.Arun Natarajan, learned Special Government Pleader for respondents 1 to 4 and Mr.P.Harish, learned Government Advocate for respondent No.5.

2. On the last date, we had recorded the submission of the learned Special Government Pleader for HR & CE Department and also reproduced the order passed by the Apex Court in S.L.P.(C) No.6554 of 2021 dated 16.11.2021.

3. The contention of the petitioner, it appears, is that the idol is kept outside. According to the learned Special Government Pleader (HR & CE), since time immemorial, the idol is kept outside, however, inside the temple premises.

4. The petitioner-in-person submits that he has given a representation on 25.07.2022. The respondent No.2 may decide the said representation on its own merits and in accordance with law and policy within a period of three months.

With the aforesaid observation, the writ petition is disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (J.S.N.P., J.) 12.04.2024 Index : Yes/No : Yes/No sra To

1. The Commissioner, Department (HR & CE), Nungambakkam, Chennai 600 034.

THE HON'BLE CHIEF JUSTICE AND J.SATHYA NARAYANA PRASAD, J.

(sra)

2. The Joint Commissioner, Department (HR & CE), Villupuram Zone and Division, Villupuram.

3. The Assistant Commissioner cum Executive Officer, Arulmighu Angalamman Temple, Melmalaiyanur Village, Gingee Taluk, Villupuram District.

4. The Assistant Commissioner, Department (HR & CE), Villupuram, Villupuram.

5. The District Collector, Villupuram District. 12.04.2024