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Madras High CourtWP(MD)/10176/2022closed

Viruthu.K v. The Joint Commissioner

2024-03-12Honourable Mr Justice B.Pugalendhi6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and WMP(MD)No.7096 of 2023 K.Viruthu .. Petitioner v.

1.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Sivagangai.

2.The Executive Officer, 3.The Manager, Sivagangai Devasthanam, Sivagangai.

4.The Superintendent, .. Respondents 1/6

PRAYER: Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents to implement the third respondent's order in Na.Ka.T.1-475/2019 dated 07.05.2019 in connection with the event of installing the Palamarakambu (Muhurthakal) in Kannudayanayagi Amman Temple situated at Natarasankottai Village, Kalayarkovil Taluk, Sivagangai District, by considering the petitioner's representation dated 17.05.2022. For Petitioner : No appearance For Respondents : Mr.P.Subba Raj, Special Government Pleader for R.1, R.2, R.4 Mr.S.Madhavan for R.3 *****

ORDER

By referring the proceedings of the third respondent / Manager, Sivagangai Devasthanam dated 07.05.2019, with regard to the right of honour provided to a family while installing Palamarakambu (Muhurthakal) during the Vaikasi festival of Arulmigu Kannudaiyanayaki 2/6

Amman Temple, the petitioner has filed this writ petition for a mandamus directing the respondents to implement the proceedings dated 07.05.2019. 2.By the said proceedings dated 07.05.2019, the first honour is to be given to one Manimurasu. The petitioner, who is the brother of Manimurasu, claim that he is also having a right on rotation basis, as per this order.

3.When the writ petition is taken up for hearing today, there is no representation for the petitioner.

4.Learned Counsel for the third respondent submitted that in a similar writ petition pertaining to the third respondent Devasthanam, this Court has passed an interim order in WMP(MD)No.6384 of 2021 in WP(MD)No.8482 of 2021 dated 26.04.2021, observing that before God there can never be any special honour to anyone and that everyone will have to be treated equally. Having made such observation, this Court has directed the respondents not to give any special honour to anyone, pending disposal 3/6

of that writ petition. Therefore, they have not provided any special honour to anyone during the Vaikasi festival.

5.Recording the submission of the learned Counsel for the third respondent, this writ petition stands closed. If the petitioner or anybody want any honour, they can work out the same by filing appropriate application u/s.63E of the Hindu Religious and Charitable Endowments Act before the jurisdictional Joint Commissioner. No costs. Consequently, connected miscellaneous petition is closed.

Index :

Yes / No 12.03.2024 NCC :

Yes / No Internet :

Yes gk To 1.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Sivagangai.

2.The Executive Officer, 4/6

3.The Superintendent, Tirunelveli - 11.

5/6

B.PUGALENDHI, J.

gk 12.03.2024 6/6