Mahalingam.V @ Chittarasu v. The Commissioner

WP (MD) No.6566 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.04.2022

CORAM

THE HONOURABLE MR. JUSTICE C.SARAVANAN Writ Petition (MD) No.6566 of 2022 V.Mahalingam @ Chittarasu .. Petitioner

Versus

1.The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Street, Thousand Lights West, Nungambakkam, Chennai - 600 034.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Arulmighu Meenakshi Sundareshwarar Thirukovil, Madurai - 625 001.

.. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the second respondent herein to permit the petitioner and other Villagers of Avaniapuram to perform the Devendra Pooja and Abishekam of Lord Meenakshi Sundareshwarar on 16.04.2022 by issuing the Archana Tickets as usual on the basis of the petitioner's representation, dated 01.04.2022, within the time stipulated by this Court.

For Petitioner :

Mr.C.Gangai Amaran For R1 :

Mr.P.T.Thiraviam Government Advocate For R2 :

Mr.VR.Shanmuganathan

ORDER

The petitioner had earlier filed similar Writ Petition with an identical prayer in W.P.(MD)No.7758 of 2019, which came to be disposed of on 02.04.2019 after recording the submissions of the learned counsel for the petitioner and the learned counsel for the second respondent. The relevant portion of the said order reads as under:- ''Heard the learned counsel on either side.

2. This writ petition pertains to performance of 'Devendra Pooja' and 'Abishekam' of ''Lord Meenakshi Sundareshwarar'' on the 12th day of Chithirai festival. The petitioner's apprehension is that this pooja will not be performed at Oonjal Mandapam. This apprehension of the writ petitioner appears to be misplaced.

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WP (MD) No.6566 of 2022

3. The learned Standing Counsel appearing for the second respondent temple categorically asserts that 'Devendra Pooja' and 'Abishekam' will be performed at Oonjal Mandapam as is being traditionally done. He also stated that since the second respondent is a public temple, everybody is at liberty to participate in the said function.

4. The learned counsel for the second respondent made it clear that it is the temple that will conduct the event and the petitioner is only entitled to offer his worship and participate in the event.

5. This Writ Petition is disposed of accordingly. No costs.''

2.The situation has not altered till date and the position of the Temple is that Devendra Pooja and Abishekam will be performed at Oonjal Mandapam as has been performed traditionally. Since the Temple is a public Temple and every person is at liberty to participate in the said function, I am therefore inclined to dismiss this Writ Petition, as the respondents have taken a categorical stand that everybody is at liberty to participate in the function. However, the Devendra Pooja and Abishekam will be performed only at the Oonjal Mandapam by the Temple itself.

3.This Writ Petition is dismissed with the above observation. No costs.

Sd/- Assistant Registrar (CS III) // True Copy // / /2022 Sub Assistant Registrar(CS) smn To 1.The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Street, Thousand Lights West, Nungambakkam, Chennai - 600 034.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Arulmighu Meenakshi Sundareshwarar Thirukovil, Madurai - 625 001.

+1 CC to M/s.G. THALAIMUTHARASU, Advocate ( SR-17829[F] dated 11/04/2022 ) +1 CC to M/s.SPL.GP ( SR-17836[F] dated 11/04/2022 ) Writ Petition (MD) No.6566 of 2022 08.04.2022 MGJ(20.04.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2