Saravanan.C v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.25097 of 2023 C.Saravanan ... Petitioner Vs.

1.The Revenue Divisional Officer, Dindugul District, Dindugul.

2.The Tahsildar, Natham Taluk, Dindugul District.

3.Velu 4.Chinnadurai ... Respondents 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 & 2 to take appropriate action as against the respondents 3 & 4 not to take deities for Purai Edupu Thiruvizha schedules on 07.12.2023 at Arulmigu Mudimalai Andavar Temple and Kothainayagi Temple at Kallathupatti, Senthoorai Village, Natham and not to violate 1/4

the customary practice followed for the time immemorial, by considering the representation dated 02.12.2023.

For Petitioner : Mr.J.Jeyakumaran For Respondents : Mr.V.Nirmal Kumar Government Advocate for R1 & R2 : Mr.A.Balaji for R3 & R4

ORDER

Heard both sides.

2. When the matter was taken up for hearing, the learned Counsel appearing for R3 & R4 categorically submitted that they will conduct the temple festival celebration in the same manner as conducted by the petitioner group. However, the bone of contention is more on taking deity in a procession.

3. The learned counsel for the private respondents clarified that deity will not be taken in a procession. Since the Assistant Commissioner, Dindugul has issued the proceedings stating that Velu Poojari can be the temple priest, he can officiate as the priest for today's festival. He shall not be prevented. This order is applicable only 2/4

for today's celebration. It is always open to any aggrieved individual to challenge the order passed by the Assistant Commissioner, Dindugul, HR & CE Department in favour of the Velu Poojari. The private respondents herein can celebrate the temple festival today.

4. The learned Government Advocate appearing for the jurisdictional police as well as the learned Government Advocate for R1 & R2 are directed to communicate this order to the concerned authorities.

5. The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. 07.12.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi NOTE:Issue Order Copy on 07.11.2023 To 1.The Revenue Divisional Officer, Dindugul District, Dindugul.

2.The Tahsildar, Natham Taluk, Dindugul District.

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G.R.SWAMINATHAN, J.

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