Madras High CourtWP(MD)/3554/2020disposed of

B.Selvakumari v. The Commissioner

2020-02-21Honourable Mrs Justice Pushpa Sathyanarayana3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:21.02.2020

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA and W.M.P.(MD) No.3004 of 2020 B.Selvakumari ... Petitioner Vs.

1) The Commissioner, Chennai.

2) The Executive Officer/ Joint Commissioner, Arulmigu Renganathaswamy Temple, Srirangam, Tiruchirappalli District.

3) R.Rengarajan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to permit the petitioner and her daughters to perform the Vazhinadai Upayam for Lord Renganathaswamy in the 2nd day of Tepporsavam in the Tamil Month of Masi in the property situated in Block No.69 inT.S.No.2626/1B in Vellithirumuththam village in Srirangam in Trichy along with 3rd respondent which is scheduled to be held on 28.2.2020.

For Petitioner : Mr.M.Siddharthan For R-1 : Mr.VR.Shanmuganathan, Special Government Pleader For R-2 : Mr.M.Saravanan ******

O R D E R

The Writ Petition has been filed seeking for a Mandamus, directing the respondents to permit the petitioner and her daughters to perform the Vazhinadai Upayam for Lord Renganathaswamy in the 2nd 1/3

day of Tepporsavam in the Tamil Month of Masi in the property situated in Block No.69 in T.S.No.2626/1B in Vellithirumuththam village in Srirangam in Trichy along with 3rd respondent which is scheduled to be held on 28.2.2020.

2. The third respondent herein, is the brother-in-law of the petitioner and he has filed a suit in O.S.No.270 of 2013 on the file of the learned District Munsif Tiruchirapalli for the relief of declaration and injunction and he also tried to perform the Vazhinadai Upayam for Lord Renganathasamy and an ex parte decree was obtained in favour of the third respondent.

3. It is now represented that the ex parte decree was set aside and therefore, the above suit was taken on file. The question is that, who has the right to perform the Vazhinadai Upayam for Lord Renganathasamy in the 2nd day of Tepporsavam in the Tamil Month of Masi in the property situated in Block No.69 in T.S.No.2626/1B in Vellithirumuththam village in Srirangam in Trichy as mentioned above in the petition.

4. The learned counsel for the second respondent would submit that both the petitioner as well as the third respondent could join together for performing the Utsav and the second respondent will not have any objection for the same. Only if there is going to be a mutual objection, then, the second respondent himself would conduct the festival. Therefore, it is directed that the petitioner and the third respondent shall approach the second respondent jointly for performing the above such Utsav in unity and if there is no concurrence, then, the second respondent can perform the festival.

5. With the above directions, the writ petition stands disposed of. No costs. Consequently, connected W.M.P.(MD) No.3004 of 2020 is closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) To:

1) The Commissioner, Chennai.

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2) The Executive Officer/ Joint Commissioner, Arulmighu Renganathaawamy Temple, Srirangam, Tiruchirappalli District.

+1 CC to M/s.M.SIDDHARTHAN, Advocate ( SR-7652[F] dated 21/02/2020 ) +1 CC to M/s.M.SARAVANAN, Advocate ( SR-7740[F] dated 24/02/2020 ) STS TE : 09/03/2020 : 3P/5C Order made in W.P(MD)No.3554 of 2020 and W.M.P.(MD) No.3004 of 2020 Dated: 21.02.2020 3/3