Madras High CourtWP(MD)/8899/2023disposed of

Veluchamy.C v. The Joint Commissioner

2023-04-19Honourable Ms. Justice P.T. Asha6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.04.2023

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA C.Veluchamy .. Petitioner Vs.

1.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Nilgirishwarar Thoppu, Thiruvanaikaval, Trichy District.

2.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Nilgirishwarar Thoppu, Thriuvanaikaval, Trichy District.

3.The Fit Person, Arulmigu Pambalamman Temple, T.Thulukkanpatti, Ponnambalampatti Post, Vaiampatty Via, Manapparai Taluk, Trichy District, Having Office at Arulmigu Nallandavar Temple, Manapparai, Trichy District.

4.The Inspector of Police, Vaiampatty Police Station, Trichy District.

.. Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing respondents 1 to 3 to consider the petitioner's representations dated 03.04.2023 and 11.04.2023 for conducting the Chithirai Festival of Arulmigu Sri Pambalamman Temple of T.Thulukkampatti, Ponnambalampatti Post, Vaiampatty Via, Manapparai Taluk, Trichy District by the 3rd respondent under the supervision of respondents 1 and 2 for the year 2023 within the time frame as fixed by this Court.

For Petitioner :

Mr.M.Suresh For RR1, 2 & 4 :

Mr.P.Subbaraj Special Government Pleader For R3 :

Mr.G.Madhavan

ORDER

This writ petition is filed for the following relief: "For the issue of a Writ of Mandamus, directing respondents 1 to 3 to consider the petitioner's representations dated 03.04.2023 and 11.04.2023 for conducting the Chithirai Festival of Arulmigu Sri Pambalamman Temple of

T.Thulukkampatti, Ponnambalampatti Post, Vaiampatty Via, Manapparai Taluk, Trichy District by the third respondent under the supervision of respondents 1 and 2 for the year 2023 within the time frame as fixed by this Court."

2. The petitioner, who is a resident of T.Thulukkampatti Village, Manapparai Taluk, in which the third respondent-temple is situate and a devotee, has filed this writ petition seeking the relief as stated supra. He would submit that as on date, the third respondent-temple is under the control of the Hindu Religious and Charitable Endowments (HR & CE) Department and there is a dispute between the group during the Chithirai festival from the year 2016-2017. The festival is being conducted by the Committee formed by the HR & CE Department under the supervision of the second respondent. Now, the third respondent has been appointed as the Fit Person of the temple. However, he has got the temple locked and has also stated that he would not be conducting the Chithirai festival, totally overlooking the sentimental value that the devotees attach to it. Therefore, the present writ petition.

3. It has been fairly conceded that the temple had been closed after the third respondent had taken charge and was opened due to the protest of the devotees and others. The third respondent has practically abdicated his duties. Therefore, this Writ Petition is disposed of giving a direction to the second respondent, who shall take steps to conduct the Chithirai festival of the third respondent-temple. It is made clear that the third respondent shall not be involved in the conduct of the festival. Taking into consideration the fact that the Chithirai festival falls on 25.04.2023, the second respondent is further directed to consider the petitioner's representations dated 03.04.2023 and 11.04.2023 and pass orders on merits on or before 24.04.2023. No costs. 19.04.2023 Note: Issue order copy on 21.04.2023 NCC : Yes/No Index : Yes/No Internet : Yes abr

To 1.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Nilgirishwarar Thoppu, Thiruvanaikaval, Trichy District.

2.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Nilgirishwarar Thoppu, Thriuvanaikaval, Trichy District.

4.The Inspector of Police, Vaiampatty Police Station, Trichy District.

P.T.ASHA, J.

abr Dated: 19.04.2023