Kalimuthu.A v. The Joint Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI A.Kalimuthu ... Petitioner versus

1. The Joint Commissioner, HR&CE, Ellis Nagar, Madurai.

2. The Executive Officer, Arulmighu Periya Mariamman Thirukovil, Srivilliputhur Town, Virudhunagar District.

3. The Thakkar, Arulmighu Periya Mariamman Thirukovil, Srivilliputhur Town, Virudhunagar District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the respondents herein to grant permission to have 9th day day-time Mandagapadi of Arulmighu Periya Marriamman Temple in 1/6

Krishnankovil Street, Srivilliputhur Town which is scheduled to be held on 05.04.2024 by taking the Goddess Mariamman by car. For Petitioner : Mr.M.Thirunavukkarasu For R1 : Mr.P.Subbaraj, Special Government Pleader For R2 : Mr.Mahendran

ORDER

The petitioner claims that he is a representative of Maravar and Yadavar Community people residing in Krishnankovil Street, Srivilliputhur Town and he is the Natanmai of those community people. He has filed this writ petition seeking a Mandamus to grant permission to have 9th day day-time Mandagapadi of Arulmighu Periya Marriamman Temple in Krishnankovil Street, Srivilliputhur Town, during the festival, scheduled to be held in the month of April 2023.

2. The learned counsel appearing for the petitioner submits that during the Tamil month of Panguni, Marriamman Temple Festival will be celebrated in a grand manner for 13 days and during this period, the 2/6

deity Mariamman will be taken in a car to a particular area for 11 days as Mandagapadi. In the last year, a representation was made on behalf of the community people to permit them to have 9th day day-time Mandagapadi in Krishnankovil Street. Since the same was not considered, the petitioner has filed a writ petition before this Court in W.P.(MD)No.5412 of 2023 and this Court, by order dated 14.03.2023, has dismissed the writ petition with liberty to the petitioner to address the second respondent with a representation well in advance for the next year (i.e. this year) and also directed the second respondent to consider the same positively. Therefore, this year, the petitioner has submitted a representation to the second respondent well in advance on 20.03.2024. Since the second respondent has not taken any decision so far, he has filed this writ petition.

3. Mr.Mahendran, learned counsel, who takes notice for the second respondent, submits that the representation of the petitioner dated 20.02.2024 was received by the second respondent only on 3/6

26.02.2024 and the petitioner is not having any right to have Mandagapadi. He further submits that if the petitioner seeks any right of Mandagapadi, then, he has to file an application under Section 63(e) of the HR&CE Act before the first respondent/Joint Commissioner, HR&CE Department, Madurai. He further submits that necessary orders would be passed on the petitioner's representation within a period of one week.

4. In view of the said submission, this writ petition is disposed of with a direction to the second respondent to pass orders on the petitioner's representation dated 20.02.2024, as expeditiously as possible, preferably, within a period of one week from the date of receipt of a copy of this order. No costs.

20.03.2024 ogy NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

Note: Issue order copy today.

4/6

To

1. The Joint Commissioner, HR&CE, Ellis Nagar, Madurai.

2. The Executive Officer, Arulmighu Periya Mariamman Thirukovil, Srivilliputhur Town, Virudhunagar District.

5/6

B.PUGALENDHI, J.

ogy 20.03.2024 6/6