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Madras High CourtWP(MD)/3195/2025disposed of

C.Chandiran v. The Commissioner

2025-02-06Honourable Mr.Justice Vivek Kumar Singh8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH

1. C.Chandiran

2. V.V.Madhavan

3. P.Dhavamani

4. M.Raja

5. S.Gnanavel

6. M.Selvaraj

7. P.Karuppanan

8. M.Neelamegam

9. A.Shanmuganathan

10. B.Gopalsamy

11. V.Somasundaram

12. R.Alagarsamy

13. G.Baskaran

14. C.Krishnan 1/8

15. P.Kallanai

16. A.Bose : Petitioners Vs.

1. The Commissioner, Hindu Religious and Charitable Endowments, Nungambakkam High Road, Chennai -34.

2. The Joint Commissioner, Hindu Religious and Charitable Endowments, Madurai.

3. The Assistant Commissioner, Hindu Religious and Charitable Endowments, Madurai.

4. The Inspector, Hindu Religious and Charitable Endowments, Madurai North, Madurai.

5. M.Mahalingam

6. M.Kumaresan

7. M.Kesavan

8. R.Seenivasan 9.K.Kulanthai Selvan, 2/8

10. S.Sureshkumar

11. R.Baskaran

12. R.Vijayakumar

13. T.Radhakrishnan

14. G.Sundararajan 15.A.Chandran 16.M.Mukusamy

17. K.Kannan

18. N.M.Pandi

19. A.Senthil Kannan

20. R.Vigneswaran : Respondents [(R9 to R20 impleaded vide order dated 06.02.2025 in WMP(MD) No.

2492 of 2025] P RAYER:

Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to record the video of the celebration held in Arulmigu Shri Senbhagamoorthi Ayyanar and Arulmigu Shri Sonai Karuppanasamy Temple dated 07.02.2025 and 08.02.2025 as per order passed by the Honble High Court in W.M.P.(MD).No.7008/2024 in W.P.(MD) No. 7655/2024 dated 26.03.2024 by considering representation dated 17.09.2024.

For Petitioners : Mr.A.Joseph Jerry For Respondents : Mr.K.S.Selvaganesan Additional Government Pleader for R1 to R4 Mr.V.R.Shanmuganathan for proposed respondents R9 to R20 3/8

O R D E R

This writ petition has been filed for issuance of a writ of mandamus, directing the official respondents to record the video of the celebration scheduled to be held in Arulmigu Shri Senbhagamoorthi Ayyanar and Arulmigu Shri Sonai Karuppanasamy Temple on 07.02.2025 and 08.02.2025 respectively, as per the order of this Court passed in W.M.P.(MD).No.7008/2024 in W.P.(MD) No.7655/2024 dated 26.03.2024, and also by considering the representation of the petitioners dated 17.09.2024.

2. The crux of the case is that there are rival claims between the parties regarding entitlement of first respect during the Temple festival and in this regard, both parties had earlier approached this Court by way of filing W.P (MD) No.7655 of 2024 and this Court, by an order dated 28.06.2024, disposed of the said writ petition. An appeal was also preferred against the said order in W.A.(MD) No.1449 of 2022 and a Hon'ble Division Bench of this Court, by an order dated 02.12.2022, had granted an interim order to maintain the status quo between the parties. While that being so, the present writ petition has been filed seeking a 4/8

direction to the official respondents to take videography to ascertain whether the first respect is being administered to either of the parties during the festival.

3. The learned Additional Government Pleader appearing on behalf of the respondents 1 to 4 submitted that already the core issue, which is the subject matter in this writ petition, is pending before the Hon'ble Division Bench of this Court. Moreover, there is no practice of honouring anyone in the Temple during the festivals and hence, the claim of the petitioners is not proper.

4. The learned counsel appearing for the impleading respondents argued that the petitioners are attempting to collect evidence by filing this writ petition. He further submitted that the respondents 9 to 20 have filed an application under Section 63(e) of the HR & CE Act to officially recognize the individuals entitled to honors in the Temple, based on long-standing customary practices followed for decades.

5. Heard the learned counsel for the petitioners and the learned Additional Government Pleader appearing on behalf of the 5/8

respondents 1 to 4 and the learned counsel appearing on behalf of the respondents 9 to 20.

6. This Court is of the considered opinion that when the matter is already being sub judice before the Hon'ble Division Bench of this Court and also taking into consideration that there is no established practice of granting a specific "first respect" during the temple festivals, the claim made by the petitioners is unfounded. If at all the petitioners are aggrieved in any manner, they must pursue the appeal that is pending before the Hon'ble Division Bench of this Court. Therefore, this Court is not inclined to issue any positive direction in this writ petition.

7. For the foregoing reasons, this Writ Petition stands dismissed. There shall be no order as to costs. 06.02.2025 Index : Yes / No Internet : Yes / No PKN 6/8

To

1. The Commissioner, Hindu Religious and Charitable Endowments, Nungambakkam High Road, Chennai -34.

2. The Joint Commissioner, Hindu Religious and Charitable Endowments, Madurai.

3. The Assistant Commissioner, Hindu Religious and Charitable Endowments, Madurai.

4. The Inspector, Hindu Religious and Charitable Endowments, Madurai North, Madurai.

7/8

VIVEK KUMAR SINGH, J.

PKN W.P.(MD) No.3195 of 2025 06.02.2025 8/8