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Madras High CourtWP(MD)/9343/2023disposed of

Raja v. The Joint Commissioner

2023-04-21Honourable Ms. Justice P.T. Asha6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2023

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA Raja .. Petitioner Vs.

1.The Joint Commissioner, Hindu, Religious and Charitable Endowment Department, Palayamkottai, Tirunelveli District-627 002.

2.The Executive Officer, Arulmighu Subiramaniya Swamy Thirukovil, Valliyoor, Radhapuram Taluk, Tirunelveli District-627 117.

3.The Deputy Superintendent of Police, Valliyoor, Tirunelveli District.

4.The Inspector of Police, Valliyoor Police Station, Valliyoor, Tirunelveli District.

5.Laksmana Thevar .. Respondents

Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, to direct respondents 1 and 2 to permit the petitioner and his relatives to enter into the Arul Mighu Subramaniya Swamy Temple, Valliyoor and Swamy Velandi Thambiran Madalayam for participating in the 7th day festival, to be held on 26.04.2023 and 9th day car festival to be held on 28.04.2023 on the eve of Chithirai Festival of Arul Mighu Subramaniya Swamy Temple, Valliyoor and further to direct respondents 3 and 4 to grant adequate police protection to the petitioner and his relatives for participating in the above festival by considering the petitioner's representation dated 15.04.2023 within the time limit that may be stipulated by this Court. For Petitioner :

Mr.M.S.Jeyakarthik For RR1 to 4 :

Mr.P.Subbaraj Special Government Pleader For R5 :

Mr.M.Saravanan

ORDER

The petitioner has filed this writ petition for the issue of a Writ of Mandamus, to direct respondents 1 and 2 to permit the petitioner and his relatives to enter into Arulmighu Subramaniya Swamy Temple, Valliyoor and Swamy Velandi Thambiran Madalayam, Valliyoor for participating in

the 7th day festival, to be held on 26.04.2023 and 9th day car festival to be held on 28.04.2023 on the eve of Chithirai Festival of Arul Mighu Subramaniya Swamy Temple, Valliyoor and further to direct respondents 3 and 4 to grant adequate police protection to the petitioner and his relatives for participating in the above festival by considering the petitioner's representation dated 15.04.2023 within the time limit that may be stipulated by this Court.

2. Although a larger relief is sought for in the writ petition, however, the learned counsel appearing for the petitioner, today when the matter is taken up for hearing in the admission stage, would submit that it would suffice, if the petitioner is permitted to worship in the two temples viz., Arulmighu Subramaniya Swamy Temple, Valliyoor and Swamy Velandi Thambiran Madalayam, Valliyoor.

3. Considering the limited request sought for by the learned counsel for the petitioner, this Court is inclined to dispose of the writ petition. Accordingly, this Writ Petition is disposed of giving direction to

the authorities concerned to ensure that the petitioner is permitted to pray in the above said two temples. No costs.

21.04.2023 NCC : Yes/No Index : Yes/No Internet : Yes abr

To 1.The Joint Commissioner, Hindu, Religious and Charitable Endowment Department, Palayamkottai, Tirunelveli District-627 002.

2.The Executive Officer, Arulmighu Subiramaniya Swamy Thirukovil, Valliyoor, Radhapuram Taluk, Tirunelveli District-627 117.

3.The Deputy Superintendent of Police, Valliyoor, Tirunelveli District.

4.The Inspector of Police, Valliyoor Police Station, Valliyoor, Tirunelveli District.

P.T.ASHA, J.

abr Dated: 21.04.2023