Ayyappan. G v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.08.2023
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY G.Ayyappan ... Petitioner Vs.
1.The Commissioner, Hindu Religious and Charitable Endowments Department, No.199, Uthamar Gandhi Salai, Nungambakkam, Chennai-34.
2.The District Collector, Office of District Collector Premises, Theni District.
3.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, 2nd Street, Pandian Nagar, Dindigul-01.
4.Arulmigu Kowmariamman Thirukkovil, represented by its Executive Officer, Thenkarai, Periakulam Taluk, Theni District.
5.The Village Committee, Allinagaram Village, Theni Taluk, Theni District.
... Respondents 1/6
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents 1, 3 and 4 to take appropriate action based on the petitioner's representation, dated 31.07.2023, within a time frame as fixed by this Court. For Petitioner : Mr.K.Manoharan For Respondents : Mr.S.P.Maharajan Special Government Pleader
ORDER
This writ petition has been for Writ of Mandamus, to direct the respondents 1, 3 and 4 to take appropriate action based on the petitioner's representation, dated 31.07.2023, within a time frame as fixed by this Court.
2. The contention of the petitioner is that the village is having a temple namely Sri Veerappa Ayyanar temple. The 5th respondent under the guise of the Village Committee is trying to install a new Nandhi statue in front of the Moola Karuvarai of Ayyanar Swamy. As per the Aagama Rules, only Horse statue should to be erected. Now, the respondents are trying to put a Nandhi statue in the temple. Therefore, the petitioner has filed this writ petition. 2/6
3. On instructions, the Learned Special Government Pleader appearing for the respondents submitted that the fact that only Horse statue is being erected is false. Already, there is a Nandhi but however, the size of the Nandhi statue was comparatively small. Now, the Village Committee is trying to install a new Nandhi statue in the place of the old Nandhi statue, since due to natural wear and tear and natural calamities the old Nandhi statue as well as the Kodimaram was affected. Therefore, the respondents submitted that there is no deviation from the Agama Rules.
4. It is also stated that the deity of Chokanadar is also available inside the Karuvarai and that is why Nandhi statue is installed. But this fact of deity of Chokanadar was not known to the petitioner. Therefore, the affidavit is not containing true facts.
5. Admittedly, there is some dispute between the petitioner and the persons who claims to have represented the villagers. One Murugan son of Veerasamy is trying to maintain the temple by including 4 persons without the knowledge or consent of the entire villagers. Therefore, it is appropriate to 3/6
form Committee. The villagers shall constitute a committee to administer the temple by giving representation to all the people in the village and the villagers are at liberty to file a petition to formulate a scheme to administer the temple. 6.With the above said observation, the writ petition is disposed of. No costs.
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To 1.The Commissioner, Hindu Religious and Charitable Endowments Department, No.199, Uthamar Gandhi Salai, Nungambakkam, Chennai-34.
2.The District Collector, Office of District Collector Premises, Theni District.
3.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, 2nd Street, Pandian Nagar, Dindigul-01.
4.Arulmigu Kowmariamman Thirukkovil, represented by its Executive Officer, Thenkarai, Periakulam Taluk, Theni District.
5.The Village Committee, Allinagaram Village, Theni Taluk, Theni District.
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S.SRIMATHY, J.
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