Karur Balijavar Naidu v. The Assistant Commissioner/

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.7432 of 2019 and W.M.P.(MD)No.5948 of 2019 Karur Balijavar Naidu Mahajana Sangam Karur, (Reg.No.37/1970), Through its present President, J.Manoharan, Mettutheru, Karur 639 001 ... Petitioner Vs 1.The Assistant Commissioner, Executive Officer, Arulmigu Kalyana Venkatramanaswamy Thirukovil, Thanthondrimalai, Karur Taluk and District.

2.A.Chandran ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing 1st respondent to receive the contributions from the petitioner's Society for the Hanumandha Vagana Mandagapadi Urchavam to be conducted in Tamil month of "Chithirari" and "Purattasi" for all the ensuing years as well as to permit them to do all connected functions, rituals on the said day including to provide Annadhanam.

For Petitioner : Mr.M.P.Senthil For Respondents : Mr.P.Aathimoolapandian for R1 : Mr.I.Velpradeep for R2

ORDER

Heard the learned counsel on either side.

2.The writ petitioner is a Society registered under the provision of the Tamil Nadu Societies Registration Act. It appears that there is some internal dispute among the office bearers of the Society. The issue on hand relates to making contribution for the petition mentioned Mandagapadi. The petitioner's Sangam is one the Mandagapadithar. The petitioner's apprehension is that if none makes contribution, the petitioner's Society may lose the right to host the Mandagapadi in the coming years. The learned counsel appearing for the writ petitioner categorically states that the only https://hcservices.ecourts.gov.in/hcservices/

relief sought from this Court is that the first respondent should accept the contribution from the writ petitioner's Sangam. He makes it further clear that the receipt can be issued in the name of Sangam without mentioning any office bearer name. He further undertook that Thiru.Manoharan who has filed this writ petition will not claim first honour or respect during the performance of Mandagapadi. The allowing of this writ petition will not give any leverage to the writ petitioner in any manner or in any proceedings. In this view of the matter, the first respondent is directed to accept the contribution from the writ petitioner's Sangam for performing Mandagapadi in question. The receipt shall be received only in the name of Sangam.

Likewise when the Mandagapadi is performed, all the members of the Sangam can participate and that no one shall claim any priority or preference. Any member is at liberty to perform annathanam or other charitable activities. 3.The writ petition stands allowed accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS I) // True Copy // Sub Assistant Registrar(CS) TO The Assistant Commissioner, Executive Officer, Arulmigu Kalyana Venkatramanaswamy Thirukovil, Thanthondrimalai, Karur Taluk and District.

+1cc to Mr.M.P.SENTHIL, Advocate, SR.No. 60530 IAS KK/SAR/11.04.2019/ 2P- 3C W.P.(MD)No.7432 of 2019 and W.M.P.(MD)No.5948 of 2019 https://hcservices.ecourts.gov.in/hcservices/