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Madras High CourtWP(MD)/11792/2023disposed of

Tamilselvan. R v. The District Collector

2023-05-24Honourable Mr Justice P.Vadamalai7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.05.2023

CORAM

THE HONOURABLE MR. JUSTICE P.VADAMALAI W.P.(MD).No.11792 of 2023 R.Tamilselvan ... Petitioner Vs.

1.The District Collector, The Office of the District Collector, Pudukottai.

2.The Assistant Commissioner, Office of the Hindu Religious & Charitable Endowments Department, Pudukottai.

3.The Superintendent of Police, The Office of the Superintendent of Police, Pudukottai.

4.The Inspector of Police, Aranthangi Police Station, Aranthangi & Town.

Pudukottai District.

5.The Executive Officer, A/m. Pulikuthi Amman Thirukovil, Sengamari, Kovil Kottai Village, Aranthangi Taluk, Pudukottai District.

... Respondents 1/7

Prayer:

Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondents to grant permission to perform the 3rd day Mandagapadi belonging to Ayya Devan Vagaiyara and necessary protection to perform the said Mandagapadi on 01.06.2023 at Arulmigu Pulikuthi Amman Thirukovil Sengamaari Village, Aranthangi Taluk, Pudukottai District, without any adversity by considering the petitioner's representation, dated 02.05.2023.

For Petitioner : Mr.R.Karthick Sevugaperumal For Respondents : Mr.M.Veeranthiran for R1 to R4 Government Advocate (Crl.side) Mr.G.Madhavan for R5 W.P.(MD).No.12652 of 2023 Ganapathi ... Petitioner Vs.

1.The Superintendent of Police, Pudukkottai District, Pudukkottai 2.The Joint Commissioner of Hindu Religious Charitable Endowments Department, Thanjavur. 3.The Assistant Commissioner of Hindu Religious Charitable Endowments Department, Thanjavur. 4.The Thasildar, Aranthangi Taluk Office, Aranthangi Taluk, 5.The Executive Officer, Sri Viruthapurishwarar Temple, Thirupunavasal, Avudaiyar Kovil Taluk, 2/7

6.The Inspector of Police, Aranthangi Police Station, Aranthangi Town, ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondents to grant permission and necessary protection to perform the 3rd day Mandagapadi and Valli Thirumanam Drama by Avudaithevar Vagaiyara on 01.06.2023 in the Arulmigu Pulikuthi Amman Temple at Sengamari Village, Aranthangi Taluk, Pudukkottai District by considering representation dated on 17.05.2023. For Petitioner : Mr.S.T.Sasidharan Tamilkani For Respondents : Mr.M.Veeranthiran for R1 to R4 & R6 Government Advocate (Crl.side) Mr.G.Madhavan for R5 COMMON ORDER W.P.(MD).No.11792 of 2023 has been filed for issuance of writ of Mandamus, directing the Respondents to grant permission to perform the 3rd day Mandagapadi belonging to Ayya Devan Vagaiyara and necessary protection to perform the said Mandagapadi on 01.06.2023 at Arulmigu Pulikuthi Amman Thirukovil Sengamaari Village, Aranthangi Taluk, Pudukottai District, without any adversity by considering the petitioner's representation, dated 02.05.2023.

W.P.(MD).No.12652 of 2023 has been filed for issuance of Writ of Mandamus, directing the Respondents to grant permission and necessary 3/7

protection to perform the 3rd day Mandagapadi and Valli Thirumanam Drama by Avudaithevar Vagaiyara on 01.06.2023 in the Arulmigu Pulikuthi Amman Temple at Sengamari Village, Aranthangi Taluk, Pudukkottai District by considering representation dated on 17.05.2023. 2.When the matter is taken up for hearing, the learend Government Advocate (Crl. Side) would submit that the petitioners have no right to conduct the above said festival. Originally, the temples belong to the Hindu Religious Charitable Endowments Department. Therefore, the Executive Officer of the temples alone have the right to fix the date and conduct the above said festival. 3.The learned cousnel appearing for the Hindu Religious Charitable Endowments Department would submit that the petition mentioned temples are belong to the H.R & C.E.

Deparment and the Executive Officer has already fixed the date in the presence of all the Mandagapadithars, since already a direction was issued. The Executive Officer alone is entitled to conduct the festival and also conduct all the Mandagapadi. Accordingly, now they are going to condcut the festival as well as the Mandagapadi in the above said temples, without giving any first respect to anybody else, on the fixed dates.

4.Recording the learned counsel appearing for the Executive Officer, these writ petitions are disposed of. No costs. 24.05.2023 Internet : Yes Index : Yes/No Speaking/Non Speaking order TM To 1.The District Collector, The Office of the District Collector, Pudukottai.

2.The Joint Commissioner of Hindu Religious Charitable Endowments Department, Thanjavur. 3.The Assistant Commissioner, Office of the Hindu Religious & Charitable Endowments Department, Pudukottai.

3.The Superintendent of Police, The Office of the Superintendent of Police, Pudukottai.

4.The Inspector of Police, Aranthangi Police Station, Aranthangi & Town.

Pudukottai District.

5.The Thasildar, Aranthangi Taluk Office, Aranthangi Taluk, 5/7

6.The Executive Officer, A/m. Pulikuthi Amman Thirukovil, Sengamari, Kovil Kottai Village, Aranthangi Taluk, Pudukottai District.

7.The Executive Officer, Sri Viruthapurishwarar Temple, Thirupunavasal, Avudaiyar Kovil Taluk, 6/7

P.VADAMALAI , J.

TM 24.05.2023 7/7