G.D.Manikandan v. The Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.03.2024
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE P.DHANABAL W.P(MD)No.5110 of 2024 G.D.Manikandan ... Petitioner Vs.
1. The Secretary to Government Tourism, Culture and Religious Endowments Department, Secretariat, Fort St. George, Chennai-600 009.
2. The Commissioner, Department of HR & CE, 119, Uttmar Gandhi Road, Nungambakkam, Chennai - 34.
3.The District Collector, Pudukkottai District, Pudukottai.
4.The Joint Commissioner, Department of HR & CE, Thanjavur - 613007, Thanjavur District.
5.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Pudukottai - 622 001, Pudukottai District.
6.The Executive Officer, Arulmigu Prasananayaki Sametha Kailasanathar Temple, Nedungudi 622 009, Pudukottai District.
7.The Superintendent of Police, Office of Superintendent of Police, 226, Diamond Nagar, National Highway, Pudukkottai - 622003, Pudukottai District.
8.The Inspector of Police, Pudupatti Police Station, Kanadukathan - Arantangi Road, Thenipatti - 622 202, Pudukottai District.
9.The Dean, Pudukottai Government Medical College and Hospital, Pudukottai - 622 004.
10.The Station Officer, Fire Service and Rescue Department, Thirumayam, Pudukottai District.
11.The Block Development Officer, Block Development Office, Arimalam - 622 201, Pudukkottai District.
12.The Panchayat President, Nedungudi Panchayat, Arimalam Block, Pudukkottai District. ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents herein to form a separate / special Dharshan permanent queue with shorter length for senior citizen, pregnant ladies, physically challenged person and the persons, who are having small children and those with children below 5 years of age and to provide basic amenities drinking Reverse osmosis water
mobile toilet facilities and ambulance service to the devotees and to set up permanent emergency exit of the temple under the Control of the 6th respondent by considering the representation dated 05.02.2024 and to take appropriate steps for a grand celebration of "Maha Shivarathiri Festival" on 08.03.2024 and 09.03.2024 and each and every year in the aforesaid Arulmigu Prasananayaki Sametha Kailasanathar Temple at Nedungudi, Pudukottai District with all precautionary measures within a time stipulated by this Court.
For Petitioner :Mr.G.D.Manikandan(Party-in-Person) For R-1 to R-5 & R-9 to R-12 :Mr.P.Thilak Kumar, Government Pleader For R-6 :Mr.G.Madhavan For R-7 & R-8 :Mrs.M.Aasha, Government Advocate(Crl. Side)
O R D E R
[Order of the Court was made by D.KRISHNAKUMAR, J.] The petitioner has filed this writ petition seeking for issuance of a Writ of Mandamus, directing the respondents herein to form a separate / special Dharshan permanent queue with shorter length for senior citizen, pregnant ladies, physically challenged persons and the persons, who are having small children below 5 years of age and to provide basic amenities such as water facilities, mobile toilet facilities and ambulance service to the devotees and to set up permanent emergency exit for the temple under the Control of
the 6th respondent by considering the representation, dated 05.02.2024 and to take appropriate steps for a grand celebration of "Maha Shivarathiri Festival" on 08.03.2024 and 09.03.2024 and each and every year in the aforesaid Arulmigu Prasananayaki Sametha Kailasanathar Temple at Nedungudi, Pudukottai District.
2. The learned Government Pleader has strongly opposed the present writ petition filed under the guise of Public Interest Litigation. According to the respondents, the petitioner is filing this kind of writ petition every year for the very same prayer. It is further submitted by the learned Government Pleader that when the petitioner made a representation to the respondents, the temple authorities has sent a notice to the petitioner to attend the Organizing Committee meeting. But, there is no response from the petitioner. Therefore, this writ petition filed by the petitioner under the guise of Public Interest Litigation is a frivolous one and the same is liable to be dismissed. The learned Government Pleader has also submitted that the authorities are taking necessary steps for providing all facilities to the devotees, who come to the temple during the Maha Shivarathiri Festival.
3. The learned Standing Counsel appearing for the sixth respondent has produced the proceedings of the Revenue Divisional Officer, Pudukkottai in Na.Ka.A3/03/2024, wherein it is stated that a meeting was held in the
presence of Revenue Officials, Police Personnels, Fire Safety Department Officers, Public Work Department Officials, Electricity Board Officers, Devasthanam Officials and it is decided to provide all facilities including safety measures to the devotees, who come to the temple during the festival.
4. In view of the same, no further order is required in this writ petition. Before parting with the order, it is to be mentioned that this is a case for imposing costs, considering the request made by the petitioner, we are not imposing costs.
5. In the result, this writ petition stands dismissed. No Costs. [D.K.K., J.] [P.D.B., J.
04.03.2024 Index :
Yes/No NCC : Yes/No PM
To:
1. The Secretary to Government Tourism, Culture and Religious Endowments Department, Secretariat, Fort St. George, Chennai-600 009.
2. The Station Officer, Fire Service and Rescue Department, Thirumayam, Pudukkottai District.
3. The Block Development Officer, Block Development Office, Arimalam-622 201, Pudukkottai District.
4. The Panchayat President Nedungudi Panchayat, Arimalam Block, Pudukkottai District, Tamil Nadu.
5. The Commissioner Department of HR & Ce, 119, Uttamar Gandhi Road, Nungambakkam, Chennai-34.
6. The District Collector, Pudukkottai District, Pudukkottai.
7. The Joint Commissioner, Department of HR & CE, Thanjavur-613 007, Thanjavur District.
8. The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Pudukkottai 622 001, Pudukkottai District.
9. The Executive Officer, Arulmigu Prasananayaki Sametha Kailasanathar Temple, Nedungudi-622 009, Pudukkottai District.
10.The Superintendent of Police Office of Superintendent of Police, 226, Diamond Nagar, National Highway, Pudukkottai-622 003, Pudukkottai District.
11.The Inspector of Police Pudupatti Police Station, Kanadukathan- Aranthangi Road, Thenipatti-622 202, Pudukkottai District.
12.The Dean, Pudukkottai Government Medical College and Hospital, Pudukkottai 622 004.
D.KRISHNAKUMAR , J.
and P.DHANABAL, J.
PM W.P.(MD)No.5110 of 2024 04.03.2024