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Madras High CourtWP(MD)/17279/2025disposed of

Neelamegam v. The State Of Tamil Nadu

2025-06-24Honourable Mrs Justice S.Srimathy7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.06.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD).Nos.13167 and 13168 of 2025 Neelamegam ... Petitioner vs.

1.The State of Tamil Nadu, Through its Secretary to Government, Hindu Religious and Charitable Endowments Department, Fort St. George, Chennai.

2.The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai.

3.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Dindigul.

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4.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Dindigul.

5.The Inspector, Hindu Religious and Charitable Endowments Department, Periyakulam Range, Dindigul District.

6.The Executive Officer/Appointee, Arulmighu Pattalaamman Muthiasamy Thirukovil, Keelatheru, Melmangalam Post, Periyakulam Taluk, Theni District.

7.The Sub Collector, Periyakulam, Theni District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned resolution dated 23.06.2025 passed by the seventh respondent in Na.Ka.No.5193/2025/A4, and quash the same and consequently forbearing the respondents from interfering with the peaceful conduct of the Kumbabishekam festival at Arulmighu Pattaalamman Muthiahswamy Thirukovil, Melmangalam Village, Periyakulam Taluk, Theni District, which is scheduled to be held on 27.06.2025.

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For Petitioner : Mr.G.Prabhu Rajadurai, for J.Anandkumar For R1 to R5 : Mr.S.S.Madhavan Additional Government Pleader

ORDER

The present Writ Petition has been filed to quash the impugned resolution dated 23.06.2025 passed by the seventh respondent in Na.Ka.No.5193/2025/A4 and consequently forbear the respondents from interfering with the peaceful conduct of the Kumbabishekam festival at Arulmighu Pattaalamman Muthiahswamy Thirukovil, Melmangalam Village, Periyakulam Taluk, Theni District, which is scheduled to be held on 27.06.2025.

2. Through the impugned resolution, the respondents have allowed the Board of Trustees to stand near the yagasalai alone. Literally, Board of Trustees were not granted any participation in the Kumbabishekam, hence the petitioner is aggrieved.

3. The learned Additional Government Pleader appearing for the respondents 1 to 5 on instructions, submitted that already this Court considered the issue regarding kumababishekam and order has been passed in W.P.(MD)No. 3/7

16807 and 16860 of 2025 dated 20.06.2025, wherein this Court has directed as under:

"In the result, there shall be a direction to the official respondents to ensure that the Kumbabishekam is completed under the guidance and supervision of the Board of Trustees appointed on 13.12.2023."

4. Even though in the aforesaid writ petition the Court has passed an order as stated above, the respondents have passed the present resolution literally taking away the right of Board of Trustees granted in the aforesaid order. Therefore, the petitioner is seeking to modify the resolution 1 to 8 accordingly.

5. After considering the rival submissions, this Court is of the considered opinion that wherever the resolution states that the Executive Officer shall conduct, it shall be read as "the Executive Officer under the guidance and supervision of the Board of Trustees appointed on 13.12.2023".

6. However, the aforesaid order is without prejudice to the appellate remedy of the petitioner against the order dated 20.06.2025 passed in W.P.(MD)No.16807 and 16860 of 2025.

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7. With the above observations and directions, this Writ Petition is disposed of as stated supra. There shall be no order as to costs. Consequently, the connected writ miscellaneous petitions are closed.

24.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes vsg Note: Issue order copy on 24.06.2025.

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To 1.The Secretary to Government, Hindu Religious and Charitable Endowments Department, Fort St. George, Chennai.

2.The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai.

3.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Dindigul.

4.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Dindigul.

5.The Inspector, Hindu Religious and Charitable Endowments Department, Periyakulam Range, Dindigul District.

6.The Executive Officer/Appointee, Arulmighu Pattalaamman Muthiasamy Thirukovil, Keelatheru, Melmangalam Post, Periyakulam Taluk, Theni District.

7.The Sub Collector, Periyakulam, Theni District.

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S.SRIMATHY, J.

vsg ORDER MADE IN DATED : 24.06.2025 7/7