S.P.S.Nathan @ v. The District Collector And

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 16.11.2021

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.No.32023 of 2017 and W.M.P.No.35177 of 2017 S.P.S.Nathan @ Amrutheeswaranathan ...Petitioner ..Vs..

1.The District Collector and Special Officer, Sri Dharbaraneswar Swami Devasthanam, Thirunallar, Karaikal District, Puducherry State.

2.The Executive Officer, Sri Dharbaraneswar Swami Devasthanam, Thirunallar, Karaikal District, Puducherry State.

...Respondents

PRAYER : Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to take action on the petitioner representation dated 31.10.2017 made for banning the issuance of VVIP Pass, VIP Pass, VIP Car Pass and issuing Dharshan Tickets during Sani Peyarchi Festival in the respondent's temple. For Petitioner : Mr.R.Kamaraj For Respondents : Mr.G.D.Jerany, Additional Government Pleader (Puducherry)

O R D E R

This writ petition has been filed to issue a Writ of Mandamus to direct the the respondents to take action on the petitioner's representation dated 31.10.2017 made for banning the issuance of VVIP Pass, VIP Pass, VIP Car Pass and issuing Dharshan Tickets during Sani Peyarchi Festival in the respondent's temple.

2. The petitioner is one of the Hereditary Trustee of Thirunallar Saneeswarar Bhagwan Temple namely Dharbaraneswar Swami Devasthanam. The Sani Peyarchi Festival is celebrated every year in the temple and during that period several lakhs of people from all over India, will participate. At that time, the respondents used to form a Festival Committee, in which, MLAs, Government Higher Officials, District Collectors are nominated as the members of the Committee and only on their advise the festival is being conducted.

3. During every Sani Peyarchi Festival, the Temple Authorities are issuing VVIP, VIP, VIP Car and special Passes to the Government Officials, Politicians and others. The above passes are being taken in colour xerox and sold for several thousands of rupees by unlawful elements and due to the same, several crores of rupees have been lost by the temple and also security, monetary loss occurred. Therefore, the petitioner has given a representation to the respondents on 31.10.2017 to take appropriate action against the persons, who sold the passes and committed illegal activities. However, the said representation was not disposed of till date.

4. The learned counsel appearing for the respondents would submit that this writ petition was filed only with regard to the festival, scheduled on 19.12.2007 and the festival itself was over. Therefore, the writ petition itself will become infructuous.

5. In reply, the learned counsel appearing for the writ petitioner submits that this malpractice is taken place not only now but every year at the time of festival.

6. In view of the above submissions, this Court directs the respondents to dispose of the representation of the petitioner dated 31.10.2017 and take appropriate measures to prevent the illegal issuance of various types of passes as stated above and take legal action against those persons who are selling the passes illegally during the Sani Peyarchi Festival, which is scheduled to be held every year.

7.With the above directions, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR pns To 1.The District Collector and Special Officer, Sri Dharbaraneswar Swami Devasthanam, Thirunallar, Karaikal District, Puducherry State.

2.The Executive Officer, Sri Dharbaraneswar Swami Devasthanam, Thirunallar, Karaikal District, Puducherry State.

+1cc to Mr.R.Kamaraj, Advocate Sr.58695 +1cc to the Government Pleader Sr.58804 W.P.No.32023 of 2017 and W.M.P.No.35177 of 2017 gpl[co] srg 02/12/2021