D.Tamil Ganesan v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.05.2017

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH W.P.(MD) No.7829 of 2017 D.Tamil Ganesan ... Petitioner -vs1.The Secretary, Tourism, Culture & Religious Endowment Department, Secretariat, Fort St.George, Chennai 600 009.

2.The Commissioner, Hindu Religious and Charitable Endowments Department 119, Uthamar Gandhi Salai, Chennai-34.

3.The Joint Commissioner, Hindu Religious and Charitable Endowments Department 1, West Veli Street, Madurai-625 001.

4.The Deputy Commissioner/Executive Officer, Arulmigu Kallalagar Temple, Alagarkoil, Madurai North Taluk, Madurai District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the 4th respondent to permit the petitioner to perform Mandagapadi and to do free feeding to the devotees on 10.05.2017 and 11.05.2017 at Sri Nachiyarammal Trust, Vandiyur, Madurai District when Sri Kallalazhagar Deity comes and alight in the trust Mandapam at Vandiyur during Chithra festival by considering the petitioner's representation dated 06.04.2017.

For Petitioner : Mr.G.Guhaseelarupan For R1 to R3 :

Mr.Aayiram K.Selva kumar, Government Advocate.

For R4 :

Mr.Manohar https://hcservices.ecourts.gov.in/hcservices/

O R D E R

When the matter was taken up for hearing, the learned counsel for the fourth respondent submitted that there are dispute between the petitioner and the rival faction, on account of which, proceedings in Na.Ka.No.13832 of 2013 is pending between the petitioner and the rival groups before the Joint Commissioner of HR & CE, Tirunelveli.

2. The learned counsel for the fourth respondent further submitted that the Mandagapadi for Kallalagar to alight will be decided by the fourth respondent and where there is a dispute between rival groups with respect to Mandagapadi, the fourth respondent will not take sides and Kallalagar will not alight there in order to avoid law and order problem. There is sufficient force in the submission of the learned counsel for the fourth respondent.

3. However, this Court directs the fourth respondent to consider the representation, dated 06.04.2017 given by the petitioner and pass orders either rejecting the same or permitting the same in accordance with law after taking into consideration all aspects including law and order issues. The 4th respondent shall pass orders before 10.05.2017.

4.With the above directions, the writ petition is closed. Sd/- Assistant Registrar(ADMN I)/ Vacation Officer /True Copy/ Sub Assistant Registrar am/cp To:

1.The Secretary, Tourism, Culture & Religious Endowment Department, Secretariat, Fort St.George, Chennai 600 009. 2.The Commissioner, Hindu Religious and Charitable Endowments Department 119, Uthamar Gandhi Salai, Chennai-34.

3.The Joint Commissioner, Hindu Religious and Charitable Endowments Department 1, West Veli Street, Madurai-625 001.

4.The Deputy Commissioner/Executive Officer, Arulmigu Kallalagar Temple, Alagarkoil, Madurai North Taluk, Madurai District.

1CC TO DR. C. GUHASEELA ROOBAN, ADVOCATE SR: 55628 +1cc to M/S.S.MANOHAR, ADVOCATE SR.No. 55827 KK RSK SAR 4/4/5/2017-2P 7C W.P.(MD) No.7829 of 2017 04.05.2017 https://hcservices.ecourts.gov.in/hcservices/