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Madras High CourtWP(MD)/19199/2021disposed of

Chinnadurai v. The Commissioner

2021-10-29Honourable Mr Justice Senthilkumar Ramamoorthy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.10.2021

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY and W.M.P(MD).No.15928 of 2021 Chinnadurai ... Petitioner Vs.

1.The Commissioner, Chennai.

2.The Joint Commissioner, Thanjavur.

3.The Assistant Commissioner, Pudukkottai.

4.The Executive Officer, Arulmigu Kailasanathar Enshrined with Periyanayaki Amman Temple, Valaramanickam Village & Post, Thirumayam Taluk, Pudukkottai District.

5.Udaiyappan 6.Adaikkalam ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 to conduct the Masi Festival for 10 days in the temple of Arulmigu Kailasanathar Enshrined with Periyanagi Amman in Vaalaramanickam Village, Thirumayam Taluk, Pudukkottai District without giving privilege respect to self styled Ambalam and give Kalanji and Parivattam to them.

For Petitioner : Mr.K.Baalasundharam For R1 to R3 : Mr.P.Subbaraj Counsel for State For R4 : Mr.G.Mathavan

ORDER

The petitioner seeks the conduct of the Masi Festival at the Arulmigu Kailasanathar enshrined with Periyanagi Amman Temple without providing privileges to the self styled Ambalam. 1/3

2.The petitioner states that the Masi Festival is celebrated over a period of ten days in the above mentioned temple. In relation thereto, it is stated that a dispute arose in the year 2020 in respect of the collection of tax and the priority of distribution of Prasadham. Therefore, a peace committee meeting was conducted. The petitioner alleges that persons belonging to a group categorized as B group refused to sign the minutes of the peace committee meeting. In the current year, the said festival is scheduled to be conducted. The petitioner apprehends that the self styled Ambalam of the temple would insist on first honours and the like. The present writ petition is filed to prevent the grant of first honours or other privileges to such self styled Ambalam.

3.Mr.P.Subbaraj, learned counsel for the State, accepts notice for respondents 1 to 3 and Mr.G.Mathavan, learned Standing Counsel, accepts notice for the fourth respondent. The fourth respondent submits that no privileges would be extended to any person in relation to the festival. However, it is pointed out that Kalanji is different and that it does not qualify as a privilege in the nature of Parivattam. The petitioner states that he has no quarrel with the giving of Kalanji to workers and the like.

4.In view of the submissions of the fourth respondent, the apprehensions of the petitioner have been allayed. Therefore, by recording the said submissions, W.P.(MD).No.19199 of 2021 is disposed of without any order as to costs. Consequently, W.M.P(MD). No.15928 of 2021 is closed.

Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) sn/sji Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Commissioner, Chennai.

2/3

2.The Joint Commissioner, Thanjavur.

3.The Assistant Commissioner, Pudukkottai.

4.The Executive Officer, Arulmigu Kailasanathar Enshrined with Periyanayaki Amman Temple, Valaramanickam Village & Post, Thirumayam Taluk, Pudukkottai District.

+1 CC to M/s.K.BAALASUNDHARAM, Advocate ( SR-33234[F] dated 29/10/2021 ) +1 CC to M/s.SPL.GP ( SR-33357[F] dated 01/11/2021 ) and W.M.P(MD).No.15928 of 2021 29.10.2021 SS(CO) RS/SKN (16.11.2021) 3P 7C 3/3