Sundarapandi v. Tourism,Culture And Religious Endowments Department

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.09.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.21918 of 2022 Sundarapandi ... Petitioner vs.

1.The Joint Commissioner, Hindu Religious and Charitable Endowments, Madurai.

2. The District Collector, Madurai District, Madurai.

3. The Revenue Divisional Officer, Thirumangalam Division, Madurai District.

4. The Tahsildar, Kallikudi, Kallikudi Taluk, Madurai District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the fourth respondent to grant necessary permission for the three days of Purattasi 1/6

Festival commencing from 27.09.2022 to 29.09.2022 at Ayyanar Kovil and Veyil Ukandha Amman Kovil of T.Arasapatti Village, Kallikudi Taluk, Madurai District, on the basis of the petitioner's representation dated 05.09.2022.

For Petitioner : Mr.R.Aravindan For Respondents : Mr.N.Ramesh Arumugam Government Advocate

O R D E R

This Writ Petition is filed for issuance of a Writ of Mandamus, directing the fourth respondent to grant necessary permission for three days Purattasi Festival commencing from 27.09.2022 to 29.09.2022 at Ayyanar Kovil and Veyil Ukandha Amman Kovil of T.Arasapatti Village, Kallikudi Taluk, Madurai District, on the basis of the petitioner's representation dated 05.09.2022.

2. The case of the petitioner is that there are two village temples viz., Ayyanar Kovil and Veyil Ukandha Amman Kovil. Both the temples are managed by the representatives of six groups of the village (6 pangalis). In the year 2019, there was a dispute among the six groups 2/6

regarding the right of the sixth pangalis to perform poojas on the third day of Purattasi Festival. Therefore, a writ petition in W.P.(MD).No. 21283 of 2019 was filed and this Court, by order dated 04.10.2019, directed the authorities to allow the parties to conduct the festival as per the agreement and resolution passed on 08.10.2018, in the Peace Committee Meeting. As per the direction of this Court, the festival was conducted for the subsequent years also. For this year, the official respondents have not chosen to grant permission in writing. The official respondents are duty bound to grant necessary permission in writing for the celebration of the festival in the month of Purattasi (2022), on the basis of his representation, dated 05.09.2022. Hence, this writ petition has been filed, seeking direction to the fourth respondent to grant necessary permission for three days Purattasi festival at Ayyanar Kovil and Veyil Ukandha Amman Kovil.

3. Heard Mr.R.Aravindan, learned counsel for the petitioner and Mr.N.Ramesh Arumugam, learned Government Advocate appearing for the respondents.

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4. The Executive Officer (Thakkar) of the temple viz., P.Kamala present before this Court and stated that there are two parties and in the last festival, there was some dispute arose and they were some commotion in the conduct of the festival by the villagers as both the parties have some difference of opinion and she also stated that unless and until all the six pangalis give an undertaking that they are ready and willing to conduct the festival in the manner, which will be accepted by the said authorities, there cannot be any permission being granted to the village people to conduct the said temple festival.

5. The learned counsel for the petitioner would submit that they have no issues and all the villagers will join and perform the festival.

6. In view of the above submissions, this Court is inclined to allow this writ petition, on the ground that all the six heads of the said pangalis would give an undertaking before the said Executive Officer (Thakkar) and after giving an undertaking, the authorities will give permission to the villagers to conduct the temple festival and the same will be 4/6

supervised by the said Thakkar and if any dispute arises between the parties, she can pass appropriate orders regarding the same. They should not conduct any cultural programme and the villagers are refrained from consuming alcohol during the temple festival. Accordingly, this Writ Petition is allowed. No costs.

16.09.2022 Index:Yes/No Internet:Yes/No akv To 1.The Joint Commissioner, Hindu Religious and Charitable Endowments, Madurai.

2. The District Collector, Madurai District, Madurai.

3. The Revenue Divisional Officer, Thirumangalam Division, Madurai District.

4. The Tahsildar, Kallikudi, Kallikudi Taluk, Madurai District.

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V.BHAVANI SUBBAROYAN,J.

akv W.P(MD)No.21918 of 2022 16.09.2022 6/6