Murugan v. Lakshmanna Chettiar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Wednesday, the Twenty First day of February Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice B.PUGALENDHI IN REV.APLW(MD)SR.No.12849 of 2024 1 MURUGAN 2 VALLEESWARAN 3 VARATHARAJAN 4 KUMAR ... PETITIONERS/PETITIONERS Vs 1 LAKSHMANNA CHETTIAR 2 THE COMMISSIONER NO.119, UTHAMAR GANDHI ROAD, THOUSAND LIGHTS WEST, NUNGAMBAKKAM, CHENNAI 3 THE JOINT COMMISSIONER MUTHUSAMY NAGAR, SIVAGANGAI DISTRICT 4 THE ASSISTANT COMMISSIONER COLLECTORATE CAMPUS, SIVAGANGAI DISTRICT 1/5
5 THE INSPECTOR DEVAKOTTAI, SIVAGANGAI DISTRICT.
... RESPONDENTS/RESPONDENTS Writ Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to grant leave to the petitioners to file the review petition against the order dated 15.02.2024 in W.P.(MD) No.3347 of 2024.
Prayer in REV.APLW(MD)SR.No.12849 of 2024 :
To review the order dated 15/02/2024 passed in WP(MD)No.3347 of 2024 and dismissed the said writ petition.
Prayer in WP(MD). 3347/ 2024 :
To issue a Writ of Mandamus directing the respondents 1 to 4 here into forthwith grant permission to conduct Kumbabishekam in the petitioners family temple namely Arulmighu Mummudinadhar thirukovil at Iravuserry Village, Devakottai Taluk and Town, Sivagangai District on 24.02.2024 as per Tamil vazhi Archanai.
ORDER : This Writ Miscellaneous petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.N.DILIPKUMAR, Advocate for the petitioner and of MR.P.M.VISHNUVARDHANAN, Advocate on behalf of the 1st Respondent and MR.P.SUBBA RAJ, Special Government Pleader on behalf of the Respondent Nos.2 to 5, the court made the following order:- This petition has been filed by the petitioners, who are the third parties to the writ petition, seeking leave of this Court to file a review petition against the order dated 15.02.2024 made in W.P.(MD)No.3347 of 2024. 2.The petitioners are the residents of Eravuseri village, Devakottai, Sivagangai District. There is a temple by name, Arulmighu Mummundinathar Thirukovil at 2/5
Iravuserry Village, Devakottai Taluk, Sivagangai District. The writ petitioner claiming himself as a hereditary trustee had obtained an order to conduct Kumabisekam from this Court by filing the above mentioned writ petition. 3.The grievance of the petitioners is that as per Ahamam, in any Siva Temple, the Kumbabisekam will not be conducted in Saturday. But in the instant case, Saturday, i.e., 24.02.2024 is fixed for Kumbabisekam. Further, the writ petitioner is collecting donations in the name of consecration ceremony for his personal gains. The learned counsel for the petitioners points out that certain renovation works are yet to be completed. However, banners were erected mentioning the date of Kumbabisekam as 24.02.2024.
4.The first respondent/writ petitioner is present before this Court today and submits that for the past 100 years, no consecration was done for this temple. When an attempt was made to perform Kumbabisekam, similar issues were raised and hence, the Kumbabisekam was stopped. Now also, at the instance of the petitioners herein, the villagers are preventing the writ petitioner from doing preparation work for Kumababisekam.
5.I have heard the submissions made on either side. 6.Since I have found some arguable points in the review petition, I am inclined to grant leave.
3/5
7.In fine, this petition is allowed. Leave granted to file a review petition. sd/- 21/02/2024 / TRUE COPY / 22/02/2024 Sub-Assistant Registrar (C.S.
) Madurai Bench of Madras High Court, Madurai - 625 023.
ta TO 1 THE COMMISSIONER NO.119, UTHAMAR GANDHI ROAD, THOUSAND LIGHTS WEST, NUNGAMBAKKAM, CHENNAI 2 THE JOINT COMMISSIONER MUTHUSAMY NAGAR, SIVAGANGAI DISTRICT 3 THE ASSISTANT COMMISSIONER COLLECTORATE CAMPUS, SIVAGANGAI DISTRICT 4 THE INSPECTOR DEVAKOTTAI, SIVAGANGAI DISTRICT.
+1 CC TO MR.P.M.VISHNUVARTHANAN, ADVOCATE, SR-6715[F] DATED 22/02/2024 4/5
ORDER
IN IN REV.APLW(MD)SR.No.12849 of 2024 Date :21/02/2024 RS//SAR-(22.02.2024) 5P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5