Arumugam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.08.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No.16004 of 2023 and W.M.P(MD)No. 13419 of 2023 Arumugam ... Petitioner vs.

1. The District Collector, Office of the Collectorate Building, Tirunelveli District.

2. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Tirunelveli.

3. The Tahsildar, Office of the Tahsildar, Tirunelveli.

4. The Assistant Commissioner, Hindu Religious and Charitable Endowments, Office of the Assistant Commissioner, Tirunelveli District.

5. Subramani ... Respondents 1/6

Prayer : Writ Petition is filed under Article 226 of the Constitution of India, forWrit of Mandamus, directing the 4th respondent to appoint the fit person for conducting the temple festival 'Varusabisheka Vizha' of Sri Santhana Mariamman Temple at Sheik Mathar Nagar, Gandhi Nagar, Tirunelveli to be held from 01.07.2023 to 15.08.2023 by allowing all the devotees to participate without discrimination by considering the petitioner's representation, dated 16.06.2023. For Petitioner : Mr.D.S.Haroon Rasheed For R-1 to R-4 : Mr.S.P.Maharajan, Special Government Pleader For R-5 :Mr.V.Angusamy

O R D E R

This writ petition is filed for Writ of Mandamus, directing the 4th respondent to appoint a fit person to conduct the temple festival 'Varusabisheka Vizha' of Sri Santhana Mariamman Temple at Sheik Mathar Nagar, Gandhi Nagar, Tirunelveli to be held from 01.07.2023 to 15.08.2023, by allowing all the devotees to participate without discrimination based on the petitioner's representation, dated 16.06.2023.

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2. Heard Mr.D.S.Haroon Rasheed, the Learned Counsel appearing for the petitioner, Mr.S.P.Maharajan, the Learned Special Government Pleader appearing for the respondents 1 to 4 and Mr.V.Angusamy the Learned Counsel appearing for the 5th respondent and perused the material documents available on record.

3. This Court has passed an interim order, dated 07.08.2023 restraining the 5th respondent and 11 other persons, from interfering with the administration and activities of the said temple. Thereafter, allowed the petitioner to conduct the temple function of 'Varusabisheka Vizha' of Sri Santhana Mariamman Temple at Sheik Mathar Nagar, Gandhi Nagar, Tirunelveli.

4. Today when the matter is taken up for hearing, the learned counsel appearing for the petitioner submitted that without discriminating anybody the petitioner has conducted festival successfully. The petitioner has also amicably settled the differences with the 5th respondent and 11 other persons and along with them the petitioner had conducted the festival. The 5th respondent and 3/6

11 other persons also had extended their friendly hand in order to conduct the festival peacefully. This Court appreciates the petitioner's attitude and the 5th respondent and 11 other persons attitude who had supported to conduct the festival successfully and peacefully. Bharath is a country, where it will never discriminate anybody.

5. With the above appreciation, this Writ Petition is closed. No Costs. Consequently, connected miscellaneous petition is closed. Index : Yes / No 14.08.2023 Internet : Yes NCC : Yes / No ksa 4/6

To

1. The District Collector, Office of the Collectorate Building, Tirunelveli District.

2. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Tirunelveli.

3. The Tahsildar, Office of the Tahsildar, Tirunelveli.

4. The Assistant Commissioner, Hindu Religious and Charitable Endowments, Office of the Assistant Commissioner, Tirunelveli District.

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S.SRIMATHY, J ksa W.P.(MD)No.16004 of 2023 14.08.2023 6/6