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Madras High CourtWP(MD)/19439/2024closed

K.C.Palanisamy v. The Commissioner

2024-08-13Honourable Mr Justice Mohammed Shaffiq7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 13.08.2024

CORAM

THE HONOURABLE MR JUSTICE MOHAMMED SHAFFIQ and W.M.P(MD)No.16504 of 2024 K.C.Palanisamy ... Petitioner Vs.

1.The Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam High Road, Chennai-600 034.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, 3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, 4.Lakshmanan

Assistant Commissioner, Hindu Religious and Charitable Endowments Department, 5.The Special Officer, Executive Officer of Arulmigu Nallandavar Temple Manapparai, 6.Anbalagan Special Officer, Executive Officer of Arulmigu Nallandavar Temple, Manapparai, 7.The Inspector Hindu Religious and Charitable Endowments Department, Thuvarankurichi, 8.The Revenue Divisional Officer, Srirangam Revenue Division, 9.The Superintendent of Police, Trichy District, Trichy.

10.The Deputy Superintendent of Police, Manapparai Division, Manapparai,

11.The Inspector of Police, Thuvarankurichi Police Station, 12.Malayandi 13.Vellaikannu ... Respondents 14.The Superintendent of Police, (R14 suo motu impleaded by this Court vide order dated 13.08.2024) Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents No.1 to 8 herein to permit the petitioner to conduct Aadi Festival of Arulmigu Ayyanar Oor Kaval Karuppar and Kamatchi Kovil at Karadipatti Velakurichi Village, Marungapuri, Trichy District, based on the petitioner's representation dated 07.08.2024. For Petitioner : Mr.AN.Ramanathan For R1toR3, R7, R8 : Mr.K.S.Selvaganesan, Addl. Government Pleader For R9 to R11 : Mr.Vaikkam Karunanithi Government Advocate

ORDER

The learned counsel for the petitioner submitted that the petitioner was prevented from participating in the festival that was conducted on 05.08.2024 and 06.08.2024. Therefore, he had filed this writ petition for a Mandamus directing the second respondent

to permit the petitioner to conduct Aadi Festival of Arulmigu Ayyanar Oor Kaval Karuppar and Kamatchi Kovil at Karadipatti Velakurichi Village, Marungapuri, Trichy District, based on the petitioner's representation dated 07.08.2024. 2.The learned counsel for the respondents, on instructions, submitted that the petitioner sought permission to conduct the festival on 14.08.2024 and 15.08.2024 respectively and the Joint Commissioner, ie., the second respondent herein has vide order dated 13.08.2024, permitted the petitioner to perform 'Venduthal' either on 14.08.2024 or 18.08.2024, a copy of which was furnished to the petitioner. Pursuant to that, a Memo has been filed by the petitioner as under:

"The petitioner submits that the petitioner may be permitted to perform 'Venduthal' in Arulmigu Ayyanar Oor Kaval Karuppar and Kamatchi Kovil in S.F.No.25 of Karadipatti Majara, Velakurichi Village, Marungapuri Taluk, Trichy District, on 15.08.2024, as per the direction of the 3rd respondent herein. The

petitioner also undertakes that the petitioner will perform 'Venduthal' only and will not conduct 'Thiruvizha'.

Hence, it is therefore prayed that this Hon'ble Court may be pleased to record this memo and thus render justice."

3.Recording the same, the writ petition is closed. The petitioner is permitted to perform 'Venduthal' without conducting any Thiruvizha on 15.08.2024. The second respondent and the authority concerned may, if necessary, seek police protection. The Superintendent of Police, Trichy District, is suo motu impleaded as a party. If any request is made by the respondent authorities on 15.08.2024 when the petitioner intends to perform 'Venduthal', adequate police protection would be provided. No costs. Consequently, connected miscellaneous petition is also closed. 13.08.2024 NCC:Yes/No Index:Yes/No Internet:Yes/No Ns Note:Issue order copy on 14.08.2024

To 1.The Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam High Road, Chennai-600 034.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, 3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, 4.The Inspector Hindu Religious and Charitable Endowments Department, Thuvarankurichi, 5.The Revenue Divisional Officer, Srirangam Revenue Division, 6.The Superintendent of Police, Trichy District, Trichy.

7.The Deputy Superintendent of Police, Manapparai Division, Manapparai, 8.The Inspector of Police, Thuvarankurichi Police Station, 9.The Superintendent of Police,

MOHAMMED SHAFFIQ, J.

Ns and W.M.P(MD)No.16504 of 2024 13.08.2024