Madras High CourtWP(MD)/77/2017disposed of

P.K.Periyagangai v. The Executive Officer

2017-01-05Honourable Mr Justice K. Ravichandrabaabu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.01.2017

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P(MD)No.77 of 2017 P.K.Periyagangai .. Petitioner vs.

1.The Executive Officer, Arulmigu Muniyandi Swamy Vagaiyara Thirukkovil, Alanganallur, Vadipatti Taluk, Madurai District.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Mela Chithirai Street, Madurai - 625 001.

... Respondents PRAYER:

Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of Mandamus directing the first respondent Executive Officer of Arulmigu Muniyandi Swamy Vagaiyara Thirukkovil, Alanganallur, Madurai District alone should lead, organize the festival from the commencement on 10.01.2017 till the end of function on 11.01.2017 without any interference from any unauthorized festival committee. For Petitioner : Mr.N.Sundaresan For Respondents : Mr.C.Selvaraj Special Government Pleader ******

O R D E R

This writ petition is filed seeking for a direction to the first respondent to lead, organize the festival to be conducted from 10.01.2017 onwards at Arulmigu Muniyandi Swamy Vagaiyara Thirukkovil, Alanganallur, Madurai District, without any interference from any unauthorized festival committee. 2.When the matter was listed for admission on 04.01.2017 (yesterday), the learned Special Government Pleader took notice on behalf of the respondents and sought time to get instructions. Accordingly, today, the matter is listed for further hearing. https://hcservices.ecourts.gov.in/hcservices/

3.The grievance of the petitioner is that an unauthorized committee, formed by 10 persons of the village, is attempting to conduct the festival at the temple without having any authority of law or the sanction from the H.R and C.E., Department. Therefore, it is contended that the first respondent alone should conduct the festival at the temple on behalf of the Department and there should not be any interference by any third parties much less the said unauthorized committee.

4.The learned Special Government Pleader obtained a report from the first respondent and produced the same before this Court. In the said report, the first respondent has categorically stated that the so called committee formed has nothing to do with the H.R and C.E., Department and on the other hand, the festival is being conducted only by H.R and C.E., Department.

5.Considering the above-stated facts and circumstances, this Writ Petition is disposed of by directing the first respondent to conduct the festival in accordance with law on behalf of the H.R. & C.E., Department without their being any interference by the third parties much less the so called committee formed by some private individuals without having any authority of law. At the same time, it is made clear that all the public including those persons said to have been in the said committee, are entitled to participate in the festival like any other public of the village. No costs.

Sd/- Assistant Registrar(P & A) /True Copy/ Sub Assistant Registrar To 1.The Executive Officer, Arulmigu Muniyandi Swamy Vagaiyara Thirukkovil, Alanganallur, Vadipatti Taluk, Madurai District.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department,Mela Chithirai Street, Madurai - 625 001.

+1cc to M/S THE SPECIAL GOVERNMENT PLEADER, SR.NO.1310 +1cc to Mr.N.Sundareshan,Advocate Sr.No.976 W.P(MD)No.77 of 2017 05.01.2017 skn um/em-jmp/18.01.2016/2p/5c https://hcservices.ecourts.gov.in/hcservices/