Ayyan Ganeshamoorthy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.06.2022

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Ayyan Ganeshamoorthy ... Petitioner -vs1. The District Collector, Tenkasi District, Tenkasi.

2. The Superintendent of Police, Tenkasi District, Tenkasi.

3. The Thasildar, Kadayanallur Taluk, Tenkasi District.

4. The Deputy Superintendent of Police, Puliyankudi, Tenkasi District.

5. The Inspector of Police, Sernthamadam Police Station, Tenkasi District.

6. Ariyanakipuram Melatheru Hindu Nadar Uravinmurai Mahamai Kovilgal Nala Sangam, [Rep., by its Secretary], Having Registered Office at D.No.2/145, Pambukovil Sandai Road, Kadayanallur Taluki, Tenkasi District.

7.Ramakrishnan ... Respondents Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the third Respondent to conduct the consecration of the Arulmigu Subramania Swamy Temple scheduled on 03.06.2022 at Ariyanayakipuram, Kadayanallur Taluk, Tenkasi District, by considering the representation of the petitioner dated 28.05.2022 in the light of the order passed in W.P(MD) No.20275 of 2018 dated 09.10.2018 and W.P(MD) Nos.3403 and 2924 of 2019.

For Petitioner :

Mr.S.Muthukumar For R1 to R5 :

Mr.A.Kannan Additional Government Pleader For Respondent-6 :

Mr.Vashik Ali

O R D E R

The petitioner herein, being aggrieved by the proposal of the sixth respondent to conduct Maha Kumbabishegam of Arulmighu Subramaniyaswamy, Sudalaiveerasami and Vadakasiamman Temples, situated at Ariyanayakipuram, Kadayanallur Taluk, Tenkasi District, is before this Court with a prayer that the said Kumbabishegam should be done by the Tahsildar of Kadayanallur Taluk, who is the third respondent herein, in view of the pending civil suit.

2. Citing the earlier orders passed by this Court in the year 2018 and 2019, this writ petition is filed for the similar relief.

3. However, the learned counsel for the sixth respondent states that the earlier orders are in respect of annual festivals, whereas what is proposed to be conducted on 02.06.2022 is Maha Kumbabishegam of the Temple, which was organised by the villagers and Nattamaidarars and the Tahsildar cannot be given charge to conduct the temple festival, which is scheduled to be conducted tomorrow (02.06.2022).

The learned counsel also states that the Kumbabishegam is conducted by the Managing Committee consisting of the representatives of all the groups and the petitioner herein cannot have any grievance or be prejudiced in conducting the Kumbabishegam of the temple.

4. However, the learned counsel for the petitioner would submit that the persons behind this Kumbabishegam festival are the members of Ariyanayakipuram Melatheru Hindu Nadar Uravinmurai Mahamai Kovilgal Nala Sangam and by unilaterally conducting Kumbabishegam, they try to claim the rights of administration of the temples.

5. However, the invitation of the Kumbabishegam does not disclose that it is conducted by Ariyanayakipuram Melatheru Hindu Nadar Uravinmurai Mahamai Kovilgal Nala Sangam. In fact, it discloses that the temples belong to Ariyanayakipuram Hindu Nadar community. In any case, this Court is of the view that in the matter of temple administration, interim orders directing the Revenue Authorities to conduct religious ceremony may not be appropriate and that too at the eleventh hours and therefore, the prayer sought for in this writ petition cannot be entertained.

Hence, this writ petition is dismissed. However, dismissal of this writ petition will not enure any right or advantage to the group, which is conducting Kumbabishegam. This order is passed without prejudice to the right and claim of the writ petitioner in the suit. No costs.

Sd/- Vacation Officer // True Copy // 02/06/2022 Sub Assistant Registrar(CS) abr/krk To

1. The District Collector, Tenkasi District, Tenkasi.

2. The Superintendent of Police, Tenkasi District, Tenkasi.

3. The Thasildar, Kadayanallur Taluk, Tenkasi District.

4. The Deputy Superintendent of Police, Puliyankudi, Tenkasi District.

5. The Inspector of Police, Sernthamadam Police Station, Tenkasi District.

+1 CC to M/s.SPL.GP ( SR-24263[F] dated 02/06/2022 ) 01.06.2022 MGJ(02.06.2022) 3P 7C