S.Balaji Iyer v. The Joint Commissioner,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE R.THARANI S.Balaji Iyer ... Appellant Vs.

1.The Joint Commissioner, Hindu Religious and Charitable Endowments, Office of the Joint Commissioner, Tiruvanaikovil, Trichy-5, Trichy District.

2.The Executive Officer, Arulmigu Subdhareeswarar Temple, 3.The Tahsildar, Taluk Office, ..Respondents PRAYER: Writ Appeal is filed under Clause 15 of the Letter Patent Act, to set aside the order dated 18.02.2019 passed in W.P.(MD) No.3325 of 2019 on the file of this Court and allow this writ appeal.

Prayer in WP(MD). 3325/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of Mandamus, directing the respondents herein to take appropriate steps to conduct the yearly Masi Festival at Pidari Sri Achiramavalliamman Temple, situated at Anbil, Lalgudi Tk, Trichy Dist in the light of petitioners representation dated 16.1.2019, within a stipulated period as may be fixed by this Honble Court.

For Appellant : Mr.S.Velrajan For Respondents : Mr.V.R.Shanmuganathan Special Government Pleader 1/3

JUDGMENT

[Judgment of this Court was delivered by T.S.SIVAGNANAM, J.] Heard Mr.S.Velrajan, learned Counsel for the appellant and Mr.V.R.Shanmuganathan, learned Special Government Pleader for the respondents. By consent on either side, this writ appeal is taken up for final disposal.

2. The writ petition was filed seeking a direction to the respondent to take steps to conduct Masi festival at Pidari Srii Achiramavalliamman Temple situated at Anbil, Lalgudi Taluk, Trichy District.

3. The learned Special Government Pleader has produced a copy of the communication, dated 17.02.2019 sent by the Tahsildar, Lalgudi, who had reported that there are serious law and order problems and a major problem arose during the year 1994 and the situation is not ebbed. Considering these facts, the learned writ Court dismissed the writ petition as there is no amicable solution being arrived at among the people, who claim to be so called leaders.

4. We cannot compel the respondents to conduct the festival because innocent public will be definitely affected, if law and order problem arise. Therefore, we find no grounds to interfere with the order passed in the writ petition. Accordingly, this writ appeal fails and the same stands dismissed. No costs. Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS ) ta To 1.The Joint Commissioner, Hindu Religious and Charitable Endowments, Office of the Joint Commissioner, Tiruvanaikovil, Trichy-5, Trichy District.

2.The Executive Officer, Arulmigu Subdhareeswarar Temple, 2/3

3.The Tahsildar, Taluk Office, +1 CC to Mr.S.VELRAJAN, Advocate ( SR-98212[F] dated 14/11/2019 ) +1 CC to Spl.GP ( SR-98844[F] dated 15/11/2019 ) ORDER MADE IN 13.11.2019 MK (03.12.2019) 3P 6C 3/3