Chokkanathan M v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.06.2023

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA M.Chokkanathan ... Petitioner Vs.

1.The Commissioner, Hindu Religious and Charitable Endowment Department, Chennai.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Sivagangai.

3.The Diwan cum Administrative Officer, Ramanathapuram Samasthanam and Devasthanam, Ramanathapuram.

4.Chandrasekaran 5.Balakrishnan ... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the third respondent Devasthanam to conduct the second day Mandagapadi in the Kasi Chettiar Charitable Trust Place (Kalmandapam), where the necessary

Poojas of the second day Mandagapadi be performed by the third respondent Devasthanam in the presence of the petitioner along and after performing the poojas, the third respondent can bring back the Deity to the temple.

For Petitioner : Mr.R.Venkatesh For R1 & R2 : Mr.P.Subbaraj Special Government Pleader For R3 : Mr.Porkodi Karnan For R4 & R5 : Mr.B.Mahendra Rajan

ORDER

This writ petition has been filed for issuance of Writ of Mandamus, directing the third respondent Devasthanam to conduct the second day Mandagapadi in the Kasi Chettiar Charitable Trust Place (Kalmandapam), where the necessary Poojas of the second day Mandagapadi be performed by the third respondent Devasthanam in the presence of the petitioner along and after performing the poojas, the third respondent can bring back the Deity to the temple. 2.When the matter was called in the morning session, the learned

counsel appearing for the third respondent informed that the right to conduct Mandagapadi is with its condition attached, ie., the cost of the festival has to be borne by the petitioner and the respondents 4 and 5. However, none of them have made the payment. Thereupon, the learned counsel for the petitioner requests time to get instructions from his client as to whether they are willing to make the payment of Rs.50,000/- .

3. When the matter was called post lunch, it is informed before this Court that the petitioner and the respondents 4 and 5 are also willing to make the payment.

4. Therefore, this Writ Petition is disposed of with the direction to the third respondent to permit the persons to do Mandagapadi, on receipt of a sum of Rs.50,000/-. Since the third respondent's counsel is present before this Court, she has assured that the instructions would be conveyed to her client. The parties shall not await the order copy. No costs.

21.06.2023 NCC : Yes/No Index : Yes/No Internet : Yes/

To 1.The Commissioner, Hindu Religious and Charitable Endowment Department, Chennai.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Sivagangai.

P.T.ASHA, J.

cp Dated: 21.06.2023