Ramakrishnan.S v. The Joint Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.07.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD)No.14387 of 2023 S.Ramakrishnan ... Petitioner vs.

1.The Joint Commissioner, HR & CE Department, Sivagangai.

2.The Assistant Commissioner, HR & CE Department, Sivagangai.

3.Inspector, HR & CE Department, Manamadurai.

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4.Superintendent of Police, Sivagangai.

5.Inspector of Police, Poovanthi Police Station, Poovanthi, Sivagangai.

6.Chandran ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents to felicitate the investiture of the "Mudhal Karai Mariyaathai" Honour on the petitioner in the Aadi Festival scheduled to be held between 18.07.2023 and 25.07.2023 in Arulmigu Muthumariamman Kovil at Vilathur Village, Manamadurai Taluk, Sivagangai District. For Petitioner : Mr.S.M.Arun Kumaar For R1 to 3 : Mr.S.P.Maharajan Special Government Pleader For R4 & 5 : Mr.K.Sanjai Gandhi Government Advocate (Criminal side) For R6 : Mr.T.Antony Arul Raj ***** 2/7

O R D E R

This writ petition is filed for issuance of Writ of Mandamus, to direct the respondents to felicitate the investiture of the "Mudhal Karai Mariyaathai" Honour on the petitioner in the Aadi Festival scheduled to be held between 18.07.2023 and 25.07.2023 in Arulmigu Muthumariamman Kovil at Vilathur Village, Manamadurai Taluk, Sivagangai District.

2. The petitioner and the 6th respondent are brothers and they have one more brother. The 6th respondent is the eldest son, the petitioner is a 2nd son. The contention of the petitioner is that from 2016-2019, the petitioner was receiving the "Mudhal Karai Mariyaathai" Honour. The 6th respondent was not receiving the said mariyaathai during these years 3/7

since the 6th respondent was residing abroad. After returning from abroad, the 6th respondent is demanding that he would receive the "Mudhal Karai Mariyaathai" Honour. The petitioner has already filed a petition before the 1st respondent suggesting that the said Honour shall be conferred in turn basis and the said petition is pending for adjudication. Hence, the petitioner is before this Court.

3. The contention of the 6th respondent is that since the 6th respondent is the eldest son, according to the customary practice, the eldest son is the eligible person to take the said "Mudhal Karai Mariyaathai" Honour. This is followed in other three Karais and the same ought to be followed in this Karai also.

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4. Therefore, this Court is of the considered opinion that the 6th respondent shall be conferred with the "Mudhal Karai Mariyaathai" Honour for this year. The 1st respondent is directed to decide the issue within three months so that this issue will not arise for the next year festival.

5. With the aforesaid direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Index : Yes / No 24.07.2023 Internet : Yes NCC : Yes / No Tmg Note: Issue order copy on 25.07.2023.

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To 1.The Joint Commissioner, HR & CE Department, Sivagangai.

2.The Assistant Commissioner, HR & CE Department, Sivagangai.

3.Inspector, HR & CE Department, Manamadurai.

4.Superintendent of Police, Sivagangai.

5.Inspector of Police, Poovanthi Police Station, Poovanthi, Sivagangai.

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S.SRIMATHY, J Tmg 24.07.2023 7/7