Vellaigangai v. The Joint Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD) No.5716 of 2023 1.Vellaigangai 2.C.Murugan ... Petitioners -vs1.The Joint Commissioner Hindu Religious and Charitable Endowment Department Madurai 2.The Executive Officer Arulmigu Muniyandi Swamy Vagaiyara Thirukovil Alanganallur, Vadipatti Taluk Madurai 3.The Thakar / Fit Person Arulmigu Muniyandi Swamy Vagaiyara Thirukovil Alanganallur, Vadipatti Taluk Madurai ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the 2 and 3 respondents herein to conduct the "Panguni Perunthiruvizha" of Arulmigu Muniyandi Swamy Vagaiyara Thirukkovil, Alanganallur, Madurai District, from 04.04.2023 to 08.04.2023 without any interference from any unauthorized / temporary festival committee by considering the petitioners' representation dated 25.02.2023. For Petitioners :

Mr.V.Meenakshi Sundaram for Mr.S.Vashik Ali For Respondents :

Mr.Veera Kathiravan Additional Advocate General assisted by Mr.P.Subbaraj Special Government Pleader for R1 Dr.Ramesh Mahadev for R2

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] Prayer in this writ petition reads as follows: "For the reasons stated in the accompanying Affidavit, it is therefore prayed that this Hon'ble Court may be pleased to issue a writ or order or direction, more in the nature of WRIT OF MANDAMUS directing the 2 and 3 respondents herein to conduct the "Panguni Perunthiruvizha" of Arulmigu Muniyandi Swamy Vagaiyara

Thirukkovil, Alanganallur, Madurai District, from 04.04.2023 to 08.04.2023 without any interference from any unauthorized / temporary festival committee by considering the petitioners' representation dated 25.02.2023 and pass appropriate orders and pass such other further orders that may deemed to be fit and proper in the facts and the circumstances of the case and thus render justice."

2. We had, upon noticing the fact that festival committees were formed in violation of the representations and undertakings made to this Court, issued a notice of contempt to the Commissioner, Hindu Religious and Charitable Endowment Department. Upon notice, the Commissioner, Hindu Religious and Charitable Endowment Department, had appeared before this Court and filed circulars evidencing the fact that the officers of the Hindu Religious and Charitable Endowment Department have been instructed to desist from appointing any festival committees and the fact that appropriate disciplinary action has also been initiated against the officers, who have formed such committees contrary to the representation made before this Court. On being satisfied with the explanation offered by the Commissioner, Hindu Religious and Charitable Endowment Department, we had closed the contempt proceedings.

3. In view of the said developments, the very prayer in this writ petition has become infructuous. Hence, this writ petition is closed. It is, however, made clear that the closure of this writ petition will not give any right to the officials of the Hindu Religious and Charitable Endowment Department to commit illegalities in the name of nominating committees for conduct of festivals. No costs. Consequently, connected miscellaneous petition is closed. [R.S.M., J.] [L.V.G., J.] 16.06.2023 (1/2) NCC :

Yes / No Index :

Yes / No Internet :

Yes / No Note :

The original documents i.e. donation slips filed by the learned counsel for the second respondent are directed to be returned to him, after obtaining necessary acknowledgment.

krk To:

The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Madurai.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

krk and W.M.P.(MD) No.5716 of 2023 16.06.2023 (1/2)