P.Hari Baskar v. Kalyani
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI in WP(MD) No.5751 of 2024 P.Hari Baskar ... Petitioner Vs 1.Mrs.Kalyani The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Trichy District - 620 006.
2.Mr.Lakshmanan, The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Trichy District - 622 002.
3.PR.Baskaran 4.KVR Sridharan 5.PK.Gajendran ...Contemnors PRAYER: Contempt Petition filed under Section 10 of the Contempt of Courts Act, praying this Court to to initiate contempt proceedings against the Contemnors/ Respondents and punish them 1/7
for their willful disobedience of the order of this Court in WP(MD) No.5751 of 2024, dated 08.03.2024.
For Petitioner :Mr.S.Ramanathan For R1 & R2 :Mr.P.T.Thiraviam Government Advocate
O R D E R
The petitioner claiming to be the Administrator of Arulmighu Sri Angalaparameshwari Amman Temple, Manachanallur, Trichy has filed a writ petition in WP(MD) No.5751 of 2024, for a Mandamus, to direct the HR & CE Department to permit him to perform rituals and other offerings on the occasion of Maha Shivarathiri in the said temple by considering his representation. The private respondents in the said writ petition has raised objections that this petitioner is disturbing with the administration of the temple. At that point, the petitioner has confined his relief that he must at least be permitted to offer his prayer during Mahashivratri. Considering the submissions made on behalf of the petitioner, this Court, by its order dated, 08.03.2024, has disposed that writ petition as under:- 2/7
''5.Recording the undertaking given by the petitioner that he will not raise any issue with regard to the administration of the temple, this writ petition is disposed of with a direction to the respondents to permit the petitioner to offer his prayer during Maha Sivarathiri festival. If the petitioner is having any grievances with regard to the administration of the temple, he can workout his remedy in the manner known to law. No costs.'' 2.Now, the petitioner has filed this contempt petition as against the HR & CE Department officials that this petitioner was not permitted to offer his prayer in the said Temple, on the occasion of Mahashivarathiri.
3. Mr.P.T.Thiraviam, learned Government Advocate takes notice for the respondents 1 & 2 and submits that the Assistant Commissioner by his proceedings in Na.Ka.No.696/2025/A1, dated 22.02.2025, has issued certain directions to the temple administration to allow all the persons to perform poojas during Mahashivaratri and there should not be any law and order problem. Accordingly, the Administrative Secretary of Arulmighu Sri 3/7
Angalaparameshwari Amman Temple, Manachanallur, Trichy, by his letter, dated 04.03.2025 has reported to the Assistant Commissioner that there was no untoward incident during Mahashivarathiri festival and no one was prevented from offering prayers. 4.This Court considered the rival submissions made and also perused the materials placed on record.
5.Admittedly, the subject temple is a Private temple under the administration of a particular community. The petitioner claims that he is the Administrator of the subject temple and the private respondents also claim that they are in administration. This issue needs to be addressed only before the HR & CE Department. The Department officials cannot be found fault with, if there is any problem, while offering prayers in the subject temple, since it is a private temple. In the event, if anybody has prevented the petitioner from offering prayers to the Deity as against the orders of this Court and the directions of the Assistant Commissioner, the petitioner can 4/7
work out his remedy by lodging a police complaint as against those obstructors before the concerned police station. 6.With the above observations and directions and by recording the proceedings of the the Assistant Commissioner of HR & CE Department in Na.Ka.No.696/2025/A1, dated 22.02.2025 as well as the letter of the Administrative Secretary of Arulmighu Sri Angalaparameshwari Amman Temple, Manachanallur, Trichy, dated 04.03.2025, this contempt petition is closed. 17.03.2025 Index:Yes/No Internet:Yes/No vrn 5/7
To 1.Mrs.Kalyani The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Trichy District - 620 006.
2.Mr.Lakshmanan, The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Trichy District - 622 002.
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B.PUGALENDHI, J.
vrn Order made in in WP(MD) No.5751 of 2024 17.03.2025 7/7