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Madras High CourtWP(MD)/26205/2019disposed of

Maha.Chidambaram v. The District Collector

2019-12-17Honourable Mrs Justice Pushpa Sathyanarayana3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:17.12.2019

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA Maha.Chidambaram ... Petitioner Vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment, Sivagangai.

3.The Manager, Sivagangai Samasthanam Devasthanam, Sivagangai.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to fix the date for preview of the New Chariot in the temple namely Arulmigu Sree Swarnamoortheeswarar Thirukoil situated at Kandadevi Village, Devakottai Taluk, Sivagangai District, based on the petitioner's representation dated 18.11.2019. For Petitioner: Mr.AN.Ramanathan For R1 : Mr.Pandiarajan Additional Government Pleader For R2 : Mr.VR.Shanmuganathan Special Government Pleader For R3 : Mr.Madhavan

ORDER

Heard Mr.AN.Ramanathan, learned counsel appearing for the petitioner, Mr.M.Pandiarajan, learned Additional Government Pleader appearing for the first respondent, Mr.VR.Shanmuganathan, learned Special Government Pleader appearing for the second respondent and Mr.Madhavan, learned counsel appearing for the third respondent.

2.This Writ petition has been filed by the petitioner praying for issuance of a Writ of Mandamus, directing the respondents to fix the date for preview of the New Chariot in the temple, viz., 1/3

Arulmigu Sree Swarnamoortheeswarar Thirukoil situated at Kandadevi Village, Devakottai Taluk, Sivagangai District, based on his representation dated 18.11.2019.

3.When the matter came up for hearing, the learned counsel appearing for the third respondent, upon notice, submitted that the third respondent, who is the Manager, Sivagangai Samasthanam Devasthanam, has filed a counter affidavit, wherein in Paragraph No.8, it is stated as follows:

"8.I submit that the regular temple festival in the month of Aani, for the year 2020, starts on 25.06.2020. The Temple car festival is to be conducted on 03.07.2020. I submit that before the said festival the trial run can be done, during the month of April. The date has to be finalized by the Commissioner of T.N.H.R & C.E., department, for the trial run of the temple car. Every year, during the temple car festival to ensure that there is no problem amongst the customary right holders, the District Collector, will have a peace committee meeting. Such precaution needs to be taken even though the car is having only a trial run. In the first week of April, any date can be fixed by the Commissioner and a request letter is being sent to him for the same.

The trial run of the temple car could also smooth functioning of the said trial run, without claiming any right by customary honor holders ensuring safety and law and order." 4.The third respondent has agreed for any date that may be fixed by the first respondent/Commissioner, HR&CE in the first week of April. Though the Commissioner, HR&CE is not a party in this writ petition, this Court directs the second respondent, who is a party herein to inform the Commissioner, HR&CE, to fix the date in the first week of April for preview of the New Chariot in the temple, viz., Arulmigu Sree Swarnamoortheeswarar Thirukoil situated at Kandadevi Village, Devakottai Taluk, Sivagangai District, and make the Chariot ready for the festival. 5.With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) 2/3

To:

1.The District Collector, Sivagangai District, Sivagangai.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment, Sivagangai.

3.The Manager, Sivagangai Samasthanam Devasthanam, Sivagangai.

+1 CC to MR.AN.RAMANATHAN, Advocate ( SR-105638[F] dated 18/12/2019 ) +1 CC to SPL.GP ( SR-105917[F] dated 19/12/2019 ) 17.12.2019 KM/(09.01.2020) 3P 6C 3/3