Arun v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.05.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA and W.M.P.(MD).Nos.10071 , 10072 and 10074 of 2024 1.Arun 2.Sundararajan 3.Suresh Kannan ... Petitioners Vs.

1.The Revenue Divisional Officer, Madurai, 2.The Joint Commissioner, Hindu Religious and Charitable Endowments, Madurai Division, 3.The Assistant Commissioner, Assistant Commissioner Office, Hindu Religious and Charitable Endowments, Madurai.

4.The Tahsildar, Vadipatti Taluk, 1/6

5.The Inspector of Police, Sholavanthan Police Station, 6.Manokaran 7.Subbaiah 8.Suresh Kannan 9.Ganesan 10.Boominathan

...Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating with the impugned order of the 3rd respondent in his proceedings in Na.Ka.No.4380/2023/A4 dated 08.05.2024 and consequential order of the 4th respondent in Na.Ka.No.1900/2024/A5 dated 17.05.2024 and quash the same as illegal and consequently directing the respondents 1 to 5 to permit the petitioners and their village people to celebrate the Vaigasi festival for the temple namely Arulmigu Sri Durgai Amman in Mettu Neerathan, Vadipatti Taluk, Madurai District by following their customary practice.

For Petitioners : Mr.S.Vellaichamy For R1 to R4 : Mr.D.Gandhiraj Special Government Pleader For R5 : Mr.RMS.Sethuraman Additional Public Prosecutor 2/6

O R D E R

The petitioner has filed this writ petition challenging the impugned order passed by the third respondent, dated 08.05.2024 and the consequential order of the 4th respondent dated 17.05.2024 and to quash the same and consequently direct the respondents 1 to 5 to permit the petitioners and their village people to celebrate the Vaigasi festival for the temple viz., Arulmigu Sri Durgai Amman in Mettu Neerathan, Vadipatti Taluk, Madurai District by following their customary practice.

2. Heard Mr.S.Vellaichamy, learned counsel appearing for the petitioner, Mr.D.Gandhiraj, learned Special Government Pleader appearing for the respondents 1 to 4 and Mr.RMS.Sethuraman, learned Additional Public Prosecutor appearing for the fifth respondent.

3. When the matter is taken up for hearing today, Mr.D.Gandhiraj, learned Special Government Pleader appearing for the respondents 1 to 4 on instructions submitted that the impugned orders 3/6

dated 08.05.2024 and 17.05.2024 are not in respect of Sri Durgai Amman Temple, for which the writ petition has been filed. However, in the impugned order dated 17.05.2024, there is a mention about Sri Durgai Amman Temple and in fact, no permission has been granted to conduct Sri Durgai Amman Temple festival.

4. In such case, the respondents 1 to 4 shall pass revises orders by allowing the temple festival to be held in Arulmigu Sri Durgai Amman Temple in Mettu Neerathan, Vadipatti Taluk, Madurai District, as requested by the petitioners, within a period of two weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petitions are closed.

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To 1.The Revenue Divisional Officer, Madurai, 2.The Joint Commissioner, Hindu Religious and Charitable Endowments, Madurai Division, 3.The Assistant Commissioner, Assistant Commissioner Office, Hindu Religious and Charitable Endowments, Madurai.

4.The Tahsildar, Vadipatti Taluk, 5.The Inspector of Police, Sholavanthan Police Station, 5/6

R.N.MANJULA,J.

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