Jeyanthi v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.06.2023

CORAM:

THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and W.M.P.(MD) No.12750 of 2023 Jeyanthi ... Petitioner -vs1.The Commissioner Hindu Religious Charitable and Endowment Department No.34, Nungambakkam High Road Chennai-34 2.The District Collector Sivagangai District Sivagangai 3.The Joint Commissioner Hindu Religious Charitable and Endowment Department No.40, Muthusamy Nagar Tirupatthur Road Sivagangai District

4.The Assistant Commissioner Hindu Religious Charitable and Endowment Department Paramakudi Ramanathapuram District 5.The Fit Person Arulmighu Santhi Veerasamy Thirukoil Mallakottai, Singampunari Taluk Sivagasi District O/o.The Executive Officer Arulmighu Thiruvengadamudayan Thirukovil Ariyakudi Karaikudi Taluk, Sivagangai District 6.Sasi Pandidurai 7.T.Balasundaram 8.Jeyabalan ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the official respondents 1 to 5 to take necessary action particularly against the respondents 6 to 8 and their men that they should not participate in the temple festival that no one should be permitted from participating himself by holding head gear, handstick (sengol) and Umbrella through street procession from Chinna Shanthiveeran Samy Veedu to Periya Shanthi Veeran samy Thirukovil and Oorkavalan Pottal during the entire temple festival days and further direct the respondents 1 to 5 to ensure

the participation of schedule caste people along with other community people in the Arulmighu Sri Shanthi Veeran Samy temple at Mallakottai Village, Singampunari Taluk, Sivagangai District, by considering petitioner's representation dated 20.06.2023.

For Petitioner :

Mr.S.M.Anantha Murugan For Respondents :

Mr.P.Subbaraj Special Government Pleader for R1 to R5 Mr.T.Ramesh for R6 Mr.P.Mahendran for R7 & R8

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] Heard Mr.S.M.Anantha Murugan, learned counsel for the petitioner, Mr.P.Subbaraj, learned Special Government Pleader for the respondents 1 to 5, Mr.T.Ramesh, learned counsel for the sixth respondent and Mr.P.Mahendran, learned counsel for the respondents 7 & 8.

2. This writ petition is filed seeking directions to the respondents 1 to 5 to take action, particularly, against the respondents 6 to 8 and their men that they should not prevent the petitioner and her community people

from participating in the temple festival and that no one should be permitted from participating in the street procession of the temple festival by holding head gear, hand stick (sengol) and umbrella and also to ensure the participation of scheduled caste people along with other community people in the temple festival of Arulmighu Sri Shanthi Veeran Samy Temple, Mallakottai Village, Singampunari Taluk, Sivagangai District.

3. There are series of orders passed by this Court in the earlier writ petitions, which are part of the record. We do not like to again reproduce the same orders.

4. The fifth respondent is the fit person of the Temple. It is his duty to monitor and supervise that the things happen in a proper manner during the festival in question.

5. It is submitted by the learned Special Government Pleader appearing for the fifth respondent (fit person) and also by the learned counsel for the sixth respondent that the petitioner and / others are not prohibited from participating and none of the community people are restrained or prohibited from participating in the temple festival.

6. In view of the fact that a fit person of the Temple has already been appointed and he would monitor and supervise all the functions of the temple and he has also made a statement that in the temple, no first honour is being accorded to any person, we are not inclined to pass any further orders in this writ petition.

7. With the above observation, this writ petition is disposed of. There will be no order as to costs. Consequently, connected W.M.P.(MD) No. 12750 of 2023 is closed.

[S.V.G., .C.J.] [R.S.M., J.] 23.06.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

1.The Commissioner, Hindu Religious Charitable and Endowment Department, No.34, Nungambakkam High Road, Chennai-34.

2.The District Collector, Sivagangai District, Sivagangai.

3.The Joint Commissioner, Hindu Religious Charitable and Endowment Department, No.40, Muthusamy Nagar, Tirupatthur Road, Sivagangai District.

4.The Assistant Commissioner, Hindu Religious Charitable and Endowment Department, Paramakudi, Ramanathapuram District.

5.The Fit Person, Arulmighu Santhi Veerasamy Thirukoil, Mallakottai, Singampunari Taluk, Sivagasi District, O/o.The Executive Officer, Arulmighu Thiruvengadamudayan Thirukovil, Triyakudi, Karaikudi Taluk, Sivagangai District.

THE HONOURABLE CHIEF JUSTICE and R.SUBRAMANIAN , J.

krk and W.M.P.(MD) No.12750 of 2023 23.06.2023