Nirmala.V.C v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.06.2024

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN V.C.Nirmala ... Petitioner /vs./ 1.The Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments, No.119, Uthammar Gandhi Road, Nungambakkam, Chennai 600 034.

2.The Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments, No.306, TNHB Colony, Ellis Nagar, Madurai.

3.The Assistant Commissioner, Madurai Tamil Nadu Hindu Religious and Charitable Endowments, No.306, TNHB Colony, Ellis Nagar, Madurai.

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

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5.E.K.Pulikesi ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to provide permission for install copper temple flag pole, Arulmigu Sri Sri Aadhisesan, Arulmigu Karudalvar Vaganam, brass umbrella and etc., in Sri Srinivasaperumal Thirukovil, at Appanthirupathi Alagarkoil via, Madurai North, Madurai and consider petitioner application and pass such order within time frame fixed by this Honble Court based on the representation given by the petitioner dated 30.09.2019, 05.08.2022, 05.01.2024, 23.01.2024 and 06.03.2024. For Petitioner : Mr.S.Sivaprakash For R1 to R4 : Mr.P.Subbaraj Special Government Pleader For R5 : Mr.D.Srinivasa Raghavan

ORDER

The petitioner has filed this writ petition for a Mandamus to direct the respondents to provide permission for installing the copper flag pole for the temple, namely, Arulmigu Sri Sri Aadhisesan, Arulmigu Karudalvar Vaganam, brass umbrella and etc., in Sri Srinivasaperumal Thirukovil, at Appanthirupathi Alagarkoil via, Madurai North, Madurai.

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2.The case of the petitioner is that the petitioner has been contributing to the welfare of the temple and has donated several bronze idols for the temple and that the petitioner has sent a representation to the respondents 1 to 4 on 30.09.2019 for erecting flag post and chariot for carrying on the deity. 3.It is submitted that despite directions of the Official respondents to look into the aspect, the issue is pending and no decision has been taken so far. It is further submitted that the fifth respondent, who is the hereditary trustee of the temple, is objecting to the same.

4.The learned Special Government Pleader for the respondents 1 to 4 has drawn attention to the counter filed on behalf of the second respondent to state that there is no recorded history of existence of any flag post within the temple for the last 500 years and that installing of a flag post would be contrary to the Agamas.

5.It is submitted that the report of the fourth respondent is also clear that there is no customary practice of carrying the deity and therefore, the request of 3/6

the petitioner would be considered. It is however submitted that the request of the petitioner will be considered, if the petitioner desires so. 6.The learned counsel for the fifth respondent would reiterate the above submission and would submit that the petitioner is not entitled to change the customs followed in the temple.

7.I have considered the arguments advanced by the learned counsel for the petitioner, learned Special Government Pleader for the respondents 1 to 4 and the learned counsel for the fifth respondent.

8.The matter would require a detailed consideration and the same cannot be decided at this stage by giving a positive direction in one way or the other. This Court is of the view that the second respondent can dispose of the petitioner's representation dated 30.09.2019 in accordance with law and in accordance with the religious texts governing the temple. This exercise may be carried out by the second respondent after hearing the petitioner within a period of 8 weeks from the date of receipt of a copy of this order.

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9.With the above directions, the Writ Petition stands disposed of. No costs. Index : Yes / No 21.06.2024 Internet : Yes / No mm To 1.The Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments, No.119, Uthammar Gandhi Road, Nungambakkam, Chennai 600 034.

2.The Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments, No.306, TNHB Colony, Ellis Nagar, Madurai.

3.The Assistant Commissioner, Madurai Tamil Nadu Hindu Religious and Charitable Endowments, No.306, TNHB Colony, Ellis Nagar, Madurai.

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

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C.SARAVANAN, J.

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