S.Subbiramaniyan Samynathan v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.06.2024
CORAM:
THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.(MD)No.11609 of 2024 In W.P.(MD)No.13236 of 2024:
S.Subbiramaniyan Samyanathan ... Petitioner Vs.
1.The Commissioner Hindu Religious and Charitable Endowments (Admn.) Department, Chennai - 600 034.
2.The District Collector, 3.The Joint Commissioner, Hindu Religious and Charitable Endowments (Admn.) Department, 1/9
4.The Revenue Divisional Officer, O/o. the Revenue Divisional Officer, Devakottai, 5.The Tahsildar/Executive Magistrate, Devakottai Taluk, 6.The Manager/Executive Officer, Sivagangai Samathana Devasthanam, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus forbearing the respondents herein their men and agents or any one on their behalf from in any manner conferring first honour to any of the members of Thennilai Nattars on 21.06.2024 in the evening during Kettai Natchathiram as per custom followed in Kandadevi Sri Swarnamoortheeswarar Kumkuma Kaliamman Temple Festival as against the majority decision of Thennilai Nattars taken on 14.06.2024 on the basis of the representation dated 18.06.2024 made to the respondents herein for peaceful conduct of temple festival and drawing Temple Car with participation of people without any discrimination.
For petitioner : Mr.A.N.Ramanathan For respondents : Mr.Veerakathiravan Additional Advocate General Asst. by Mr.P.Subbaraj Special Government Pleader for R1 to R5 Mr.S.Madhavan Standing Counsel for R6 2/9
In W.P.(MD)No.13099 of 2024:
S.Karthikeyan ... Petitioner Vs.
1.The District Collector, 2.The Revenue Divisional Officer, Devakottai.
3.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, 4.The Manager Sivagangai Samathana Devasthanam, 5.Regunathan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondent 1 to 4 to permit the petitioner to participate in their festival by performing the Second Vadam of the car festival by receiving the first respect given to Iravu Seri Nattars in the said car festival attached with Sri Swarnamoortheeswarar Kumkuma Kaliamman Temple, Kandhadevi Village, Devakottai Taluk, Sivagangai. For petitioner : Mr.K.R.Laxman 3/9
For respondents : Mr.Veerakathiravan Additional Advocate General Asst. by Mr.P.Subbaraj Special Government Pleader for R1 to R3 Mr.S.Madhavan Standing Counsel for R4 Mr.G.Thalaimuthuarasu for R5 ***** COMMON ORDER These two Writ Petitions are related to the first honour among Thennilai Nattars and Iravuseri Nattars.
2. The learned Additional Advocate General for the respondents 1 to 5 in W.P.(MD) No.13236 of 2024 and for the respondents 1 to 3 in W.P(MD)No. 13099 of 2024 submits that as far as the other two Nattars are concerned namely, Unjanai Nattars and Semponmari Nattars, there is no dispute.
3. It is noticed that already in respect of this temple, an order has been passed by the Hon'ble Division Bench of this Court in the case of Peri Sornalingam Ambalam vs. The Commissioner, HR&CE and others reported in 2014(5) CTC 113 [W.P.(MD)No.4640 of 2014 decided on 18.06.2024]. Relevant 4/9
portion reads as under:
"16.Therefore, the writ petition is disposed of with the following directions:
(i) The fifth respondent Samasthanam and the Joint Commissioner, who is the fourth respondent shall organise the festival in the traditional manner, as it always used to be conducted.
(ii) The respondents 4 and 5 shall make arrangements for repairing of the Temple car, but the current year festival may be conducted without the car being pulled.
(iii) This year none of the Nattars shall insist on the conferment of respects and honours on every day of the festival. (iv) The festival shall be conducted with the participation of all 9 the willing persons from all the four groups as well as from all communities without any discrimination.
(v) The third respondent shall give adequate police protection to ensure that the festival is conducted in a peaceful manner."
4. That apart, the Commissioner has also issued a Circular in Na.Ka.No. 31549/06/Ke.1, dated 01.06.2006, which reads as under: 5/9
5. As far as these two Writ Petitions are concerned, since there are inter se dispute among two branches of Nattars viz., Thennilai Nattars and Iravuseri Nattars., no special honour can be conferred to any one.
6. Considering the same, the Devasthanam/sixth respondent in W.P. 6/9
(MD)No.13236 of 2024 will receive the first honour and distribute the Vibhuthi to the devotees, where the Temple Car proceeds in the procession.
7. It is, however, open for the respective petitioners to give suitable representation by the afternoon i.e.,20.06.2024 to the TNHR&CE Department, if any peace is brokened between them.
Accordingly, these Writ Petitions are disposed of. No costs. Consequently, connected miscellaneous petition is closed. Index : Yes / No 20.06.2024 Internet : Yes / No apd Note:Issue today i.e 20.06.2024 To 1.The Commissioner Hindu Religious and Charitable Endowments (Admn.) Department, Chennai - 600 034.
2.The District Collector, 3.The Joint Commissioner, Hindu Religious and Charitable Endowments (Admn.) Department, 7/9
4.The Revenue Divisional Officer, O/o. the Revenue Divisional Officer, Devakottai, 5.The Tahsildar/Executive Magistrate, Devakottai Taluk, 8/9
C.SARAVANAN, J.
apd 20.06.2024 9/9