Thirupathy.A v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.SUNDAR A.Thirupathy ... Petitioner Vs.

1.The District Collector, Madurai District, Madurai.

2.The Commissioner, Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai - 600 034.

3.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Madurai Region, Madurai.

4.The Assistant Commissioner / Executive Officer of Arulmigu Koodal Alagar Thirukovil, Madurai - 625 001.

5.The Commissioner of Police, Madurai City, Madurai.

6.The Inspector of Police, B-3, Theppakulam Police Station, Madurai.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to permit the petitioner to conduct Kanuparivettai Festival for Sri Koodal Alagar Perumal deity of Arulmigu Koodal Alagar Perumal Temple, Perumal Kovil Sannathi Street, Madurai at Anuppanady, Madurai Town on 15.01.2022 and 16.01.2022 based on the representation of the petitioner dated 03.01.2022. For Petitioner : Mr.B.Prasanna Vinoth For Respondents 1 to 3, 5&6 : Mr.M.Lingadurai Special Government Pleader For Respondent No.4 : Mr.S.Manohar 1/6

O R D E R

*********** Captioned main writ petition pertains to a festival which goes by the name 'Kanuparivettai Urchavam' [hereinafter 'said festival' for the sake of convenience and clarity] in Arulmigu Koodal Alagar Perumal Thirukovil, Madurai 625 001 [hereinafter 'said temple' for the sake of brevity, convenience and clarity]. This Court is informed that the faith / belief which forms the basis of said festival is the Urchavar Deity Perumal is believed to go to Anuppanadi. It is not necessary to elaborate much or dilate on these aspects of the matter as writ petitioner's request for permission to conduct said festival this year has been negatived by fourth respondent [Executive officer of said temple in the cadre of Assistant Commissioner in 'the Tamil Nadu Hindu Religious and Charitable Endowments Department' (hereinafter 'TN HR & CE Dept.,' for the sake of brevity, convenience and clarity)] vide proceedings dated 10.01.2022 bearing reference e.f.vz;.5/2022/m3 solely owing to the Omicron variant of Covid-19 pandemic and spurt in Covid cases which none could portend or presage.

2.Mr.B.Prasanna Vinoth, learned Counsel on record for writ petitioner, Mr.M.Lingadurai, learned Special Government Pleader who accepts notice on behalf of respondents 1 to 3 and also represents the Additional State Public Prosecutor for respondents 5, 6 and Mr.S.Manohar, learned private Counsel who accepts notice on behalf of fourth respondent [Executive Officer in the cadre of Assistant Commissioner in TN HR & CE Dept., ie., Executive Officer qua said temple] are before me.

3.Captioned main writ petition is taken up with the consent of all the aforementioned Counsel and there is no disputation or disagreement about the aforementioned narrative and trajectory. 4.The aforementioned 10.01.2022 order / proceedings of the fourth respondent is as follows:

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5.Elaborating on the aforementioned order, learned State Counsel and learned temple Counsel draw the attention of this Court to the second paragraph below tabulation in the second page and submit that permission has been negatived solely owing to spurt in Covid cases as alluded to supra. It is also submitted that this is only a temporary measure (to be noted, this is captured in the concluding paragraph) as the said festival is an annual feature. Adverting to the first paragraph below tabulation in the second page it is also submitted that the basic essential ceremonies [as per Agamas] qua said festival will be performed inside the temple with minimum staff, Archagars, Paricharagars and Sreepatham Thaangees by strictly adhering to Covid-19 protocol and this would ensure that the faith of devotees and worshipers is respected / honoured. 6.

To be noted, writ petitioner has come up with the captioned writ petition on the ground that he is one of the hereditary trustees of one Sri Melaramanuja Kooda Dharma Paribalana Sabai and it is a Trust. It is also submitted that this is based on rights as a Mandagabaditharar. This Court refrains itself from expressing any opinion or view on this aspect of the matter in this order. Further more, the writ petitioner has also placed before me an order dated 08.01.2021 made by a Hon'ble Single Judge of this Court vide W.P. [MD]No.362 of 2021 pertaining to same festival last year.

This order will not come to the aid of writ petitioner in the case on hand as the scenario is completely different now and the case on hand is wholly distinguishable on facts as the fourth respondent has now made proceedings and made an order setting out details which has been scanned and reproduced supra and elaboration qua this order of fourth respondent has also been captured supra. 7.The above douses the anxiety of the writ petitioner and downs the curtains on captioned writ petition. This means that the prayer of the writ petitioner cannot be acceded to. Captioned writ petition is disposed of as closed recording the stated position of the parties leaving open all questions more particularly the question referred to supra elsewhere in this order. There shall be no order as to costs.

Sd/- Assistant Registrar(CS-) // True Copy // / /2022 Sub Assistant Registrar(CS) MR 5/6

NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The District Collector, Madurai District, Madurai.

2.The Commissioner, Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai - 600 034.

3.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Madurai Region, Madurai.

4.The Commissioner of Police, Madurai City, Madurai.

5.The Inspector of Police, B-3, Theppakulam Police Station, Madurai.

+1 CC to M/s.B.PRASANNA VINOTH, Advocate ( SR-1400[F] dated 12/01/2022 ) +1 CC to M/s.SPL.GP ( SR-1487[F] dated 12/01/2022 ) +1 CC to M/s.S.MANOHAR, Advocate ( SR-1644[F] dated 19/01/2022 ) ORDER MADE IN 11.01.2022 bk(CO) TR(02.02.2022) 6P 9C 6/6