Madras High CourtWP(MD)/25606/2025disposed of

S.Sivalingam v. The Joint Commissioner

2025-09-17Honourable Mr Justice G.R.Swaminathan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.09.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.20047 of 2025 S.Sivalingam ... Petitioner Vs.

1.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Ellis Nagar, Madurai - 625 016.

2.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Ellis Nagar, Madurai - 625 016.

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

4.The Tahsildar, Thirumangalam Taluk Office, Thirumangalam, Madurai District.

5.The Deputy Superintendent of Police, Thirumangalam, Madurai District.

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6.The Inspector of Police, Thirumangalam Town Police Station, Thirumangalam, Madurai District.

7.Ramesh 8.R.Thennarasu 9.Pathirakali 10.Verumandi ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing respondents 2 to 6 to prevent the issuance of any first honor to any person during the event of puratasi month every Friday's festival scheduled on 19.09.2025, 26.09.2025, 03.10.2025 and 10.10.2025 will be conducted at the temple namely Manthaiamman Temple, Vinayagar Temple Pattatharasi Temple, Sundaravalliamman Temple, Mela Urappanur, Thirumangalam Taluk, Madurai District by considering the petitioner's representation dated 09.09.2025 within a stipulated period as framed by this Court.

For Petitioner : Mr.P.Balamurugan For Respondents : Mr.P.Subbaraj, Spl. Government Pleader for R1 to R4.

Mr.A.Albert James, Govt. Advocate (Crl. Side) for R5 & R6.

Mr.I.Rajeevan for R7 & R8.

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ORDER

Heard both sides.

2.The case on hand pertains to the manner of conducting of the petition mentioned temple festival. The prayer in the writ petition is that the official respondents must prevent conferment of first honour on any individual. This is not the job of the authorities. According to the petitioner, nobody should be conferred any first honour. It is for the petitioner to go before the appropriate forum or Court to get the declaration. For these reliefs, the Writ Court's jurisdiction cannot be invoked.

3.Be that as it may, the right of the petitioner to participate in the event like any other devotee alone can be affirmed. It is because under Article 25 of the Constitution of India, every individual has the fundamental right to practice, profess his religion. Participating in a temple festival is also a part of his right. Therefore, only to this limited extent, this Court can issue a declaration in favour of the writ petitioner. The petitioner will have to go elsewhere for other reliefs. 3/6

4.This writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. 17.09.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias Issue order copy on 18.09.2025 To: