D.Ravindran v. The Joint Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.02.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU D.Ravindran ... Petitioner -vs1. The Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments Department, Sivagangai.

2. The Assistant Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments Department, Ramanathapuram.

3. The Fit Person, Sri Kamatchi Amman Temple, Pamboorani Melkarai, Velipattinam, Ramanathapuram.

4. K.Sakthi Mohan ... Respondents Prayer:- Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to consider the 1/5

representation of the Petitioner dated 02.02.2023. For Petitioners : Mr. A.Murugapoopathy For Respondents : Mr. P.Subbaraj, Special Government Pleader for R1 to R3

O R D E R

Heard Mr. A.Murugapoopathy, Learned Counsel for the Petitioner, and Mr. P.Subbaraj, Learned Special Government Pleader who takes notice for the First to Third Respondents and perused the materials placed on record, apart from the pleadings of the parties.

2.

In view of the order proposed to be passed, which would not cause prejudice to the Fourth Respondent, notice to him is dispensed with. 3.

The Writ Petition has been filed for directing the First to Third Respondents to consider the representation dated 02.02.2023 made by the Petitioner for the conduct of Mahasivarathiri Festival for the year 2023 in respect of the Temple of the Third Respondent. 2/5

4.

Learned Special Government Pleader appearing for the Third Respondent, on instructions, has filed a memo dated 16.02.2023, which reads as follows:- "It is respectfully submitted that the Fit Person, Sri Kamatchi Amman Temple, Pamboorani Melkarai, Velipattinam, Ramanathapuram will conduct the Sivarathiri related Festivals 2023 in Sri Kamatchi Amman Temple, Pamboorani Melkarai, Velipattinam, Ramanathapuram with the help of the Officials and Police Officials. It is further submitted that no special rights or special honours will be given to any devotees coming to the temple on the above said festival days."

In such circumstances, the First to Third Respondents shall conduct the Mahasivarathiri Festival for the year 2023 in the Temple of the Third Respondent as undertaken supra with police assistance. It shall be incumbent upon the concerned authorities to install CCTV cameras at appropriate places to ensure public safety and effective conduct of the festival, and the entire proceedings shall be videographed at the cost borne by the Petitioner in that regard.

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In the result, the Writ Petition is disposed on the aforesaid terms. There shall be no order as to costs.

16.02.2023 PKN Index: Yes/No Note: Issue order copy by 16.02.2023.

To

1. The Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments Department, Sivagangai.

2. The Assistant Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments Department, Ramanathapuram.

3. The Fit Person, Sri Kamatchi Amman Temple, Pamboorani Melkarai, Velipattinam, Ramanathapuram.

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P.D. AUDIKESAVALU, J.

PKN 16.02.2023 5/5