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Madras High CourtWP(MD)/9158/2022closed

Saravanan .K v. The Joint Commissioner

2022-04-29Honourable Mr Justice C. Saravanan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2022

CORAM

THE HONOURABLE MR. JUSTICE C.SARAVANAN Writ Petition (MD)No.9158 of 2022 K.Saravanan .. Petitioner

Versus

1.The Joint Commissioner, HR and CE, Uthamar Koil Campus, No.1, Tollgate, Trichy - 621 216.

2.The Executive Officer, Kallukuzhi, Anjaneyar Koil, Trichy.

3.S.Ravichandran 4.S.Ramaiyah 5.P.Iyyappan 6.Muthusamy 7.P.Sundaram .. Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents 1 and 2 to conduct the temple festival of Kaliyamman and Koothayi Amman from May 10 2022 onwards as per the prevailing custom on the basis of the representation given by the petitioner, dated 14.03.2022.

For Petitioner :

Mr.K.P.Narayanakumar For R1 :

Mr.P.Subbaraj Special Government Pleader For R2 :

Mr.G.Guhaseelarupan For R3 :

Dr.Ramesh Mahadev 1/3

ORDER

The petitioner has filed this Writ Petition seeking a direction to the respondents 1 and 2 to conduct the temple festival of Kaliyamman and Koothayi Amman from 10th May 2022 onwards as per the prevailing custom, on the basis of the representation given by the petitioner, dated 14.03.2022.

2.Already a writ petition was filed by the third respondent for a similar relief in W.P.(MD)No.7107 of 2022, which came to be disposed on 18.04.2022 with the following observations:- ''6.After giving due consideration to the submissions made by the respective Counsels, this Court is of the considered view that if sufficient police protection is granted by this Court, the temple festival for Chithirai month which falls between 10.05.2022 to 24.05.2022 can take place in the interest of the worshippers. The fifth respondent who is the Fit person for the subject temples is also ready and willing to conduct the festival, provided sufficient police protection is granted.

7.For the foregoing reasons, this Court directs the fifth respondent to conduct the temple festival in Sri Koothayee Amman and Sri Kaliamman Thirukovil, K.Sathanur Village, Thiruchirappalli East Taluk, Thiruchirappalli for thiruvizha in the end of Chithirai month held from 10.05.2022 to 24.05.2022. The sixth respondent is directed to provide sufficient police assistance to the fifth respondent to conduct the said festival in both the temples. All the persons participating in the temple festival shall maintain law and order, without creating any hindrance to the fifth respondent in conducting the temple festival.

8.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.'' 3.In view of the above, no fresh orders are required to be passed in this Writ Petition. Accordingly, this Writ Petition is closed. No costs. However, the second respondent shall consider the petitioner's representation that the temple festival be conducted in accordance with the pre-existing customs. Sd/- Assistant Registrar (CS III) // True Copy // / /2022 Sub Assistant Registrar(CS) 2/3

To 1.The Joint Commissioner, HR and CE, Uthamar Koil Campus, No.1, Tollgate, Trichy - 621 216.

2.The Executive Officer, Kallukuzhi, Anjaneyar Koil, Trichy.

+1 CC to M/s.C. GUHASEELARUPAN, Advocate ( SR-22583[F] dated 29/04/2022 ) +1 CC to M/s.K.P. NARAYANAKUMAR, Advocate ( SR-23099[F] dated 02/05/2022 ) +1 CC to M/s.SPL.GP ( SR-23351[F] dated 04/05/2022 ) 29.04.2022 MGJ(06.05.2022) 3P 6C 3/3