Madras High Court
C.Jeyakumar vs The Commissioner on 23 June, 2023
W.P.(MD) No.14495 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.06.2023
CORAM
THE HONOURABLE Ms.JUSTICE P.T.ASHA
W.P.(MD) No.14495 of 2023
and
W.M.P.(MD) Nos.12626 and 12711 of 2023
C.Jeyakumar ... Petitioner
/vs./
1.The Commissioner,
Tamil Nadu Hindu Religious and Charitable Endowment
Department,
HR &CE Commissionarate,
119, Uththama Gandi Road,
Nungampakkam,
Chennai 600 034.
2.The Regional Joint Commissioner,
Tamil Nadu Hindu Religious and Charitable Endowment Board,
H.306, TNHB Colony,
Ellis Nagar,
Madurai District.
3.The Assistant Commissioner,
Tamil Nadu Hindu Religious and Charitable Endowment Board,
H.306, TNHB Colony,
Ellis Nagar, Madurai District.
1/11
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W.P.(MD) No.14495 of 2023
4.The Executive Officer/Thakkar,
A/M. Maamundi Ayyanar Temple,
Kancharampettai,
Office at Arulmighu Kalyana Sundareswarar Temple,
Melur,
Madurai District.
5.The Deputy Superintendent of Police,
Oormetchikulam Sub Division,
Office at Oormetchikulam,
Madurai District.
6.M.P.R.Malayandi @ Ashok ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Mandamus, to (i) issue a direction to the official respondents
to release and receive Rs.7.10 lakhs from HR and CE Department from A/M.
Meenakshi Sundareshwarar Temple, Madurai so as to complete the A/M
Maamundi Ayyanar Temple Kancherampettai, Madurai as per the estimate
prepared and approved by the respondents 1 to 4 with immediate effect, (ii) to
direct the respondents 1 to 4 to perform renovation and Kumbabeshegam work as
per Aagama by including the Thiruppani Kuzhu as per the order issued in
Se.Mu.Na.Ka.No.923/2009/A5 dated 15.02.2011 of the 3rd respondent herein,
(iii) to issue a direction to remove all new name inscriptions made in the temple
or Puravi (Kuthirai) (North Kuthirai and South Kuthirai) in any manner with
immediate effect, iv) to provide police protection to the temple festival and
Kumbabeshegam in the temple A/M Maamundi Ayyanar Temple from 29.06.2023
2/11
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W.P.(MD) No.14495 of 2023
to the safety and hormone in the area and v) to issue a direction to permit all
community people in the renovation work and Kumbabeshegam work irrespective
cast who are living in an around the A/M Maamundi Ayyanar Temple
Kancherampettai, Madurai North Taluk, Madurai District.
For Petitioner : Mr.K.P.Krishna Doss
For R1 to R5 : Mr.R.Baskaran, AAG assisted by
Mr.P.Subbaraj
Special Government Pleader
For R6 : Mr.S.Ramsundar Vijayaraj
ORDER
The petitioner has sought a spate of reliefs by way of a Writ of Mandamus
which is set out herein below.
2.The petitioner has based the entire case on the fact that the temple, called
Arulmighu Mamundi Ayyanar had been established at Kancharampettai 300 years
ago and the same was in a dilapidated condition till 2019. Thereafter, with the
efforts of the local people, devotees and the HR & CE officials, permission was
granted for renovation and performing Kumbabesegam by the first respondent
through order dated 15.02.2011. A committee to oversee this renovation work
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W.P.(MD) No.14495 of 2023
under the presidentship of one M.P.R.Malayandi @ Ashok was formed by the
order of the third respondent. Since the amount fixed by the Department and the
work that was to be undertaken were inadequate, a revised estimate was prepared
and sent to the higher authorities. As per the revised estimate, the cost was fixed
at Rs.17,10,000/-, out of which a sum of Rs.10,00,000/- was to come from the
general fund of the HR & CE and the remaining amount of Rs.7,10,000/- was to
be paid from the fund of Arulmighu Meenakshi Sundareshwarar Temple,
Madurai.
3.The petitioner's contention is that a sum of Rs.10,00,000/- had been
released. However, a sum of Rs.7,10,000/- was yet to be received. Without
completing the renovation work and not following the Aahamas, it is the
contention of the petitioner that the respondents are attempting to hold the
Kumbabesegam. He would submit that since politicians are involved and it is they
who are giving the directions to the Department, only one particular community is
permitted to do the renovation work. Earlier, W.P.(MD) No.10311 of 2023 was
filed for a direction to the HR & CE Officials to perform the Kumbabeshegam
after completing the renovation work. The officials were directed to fix a date
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W.P.(MD) No.14495 of 2023
within 8 weeks from the date of receipt of a copy of that order. The officials have
now fixed the date of the Kumbabeshegam on 29.06.2023 without even
completing the renovation work. Special honours have been given to the people
of a certain community and their names are being etched at prominent places of
the temple (within the Puravi or Kuthirai). Therefore, the petitioner has come
forward with the instant writ petition.
4.When the matter had come up on 20.06.2023, this Court had passed the
following order:-
“It is brought to the notice of this Court that contrary to the
order of this Court, stone inscription has been permitted to be placed
below the kuthirai vahanam. Further, though the temple is situated in
Kancharampettai, the Executive Officer of the Temple invented a new
problem by issuing a invite showing the names of other villages, all of
whom had nothing to do with the temple in question.
2. It is also seen that this has hurt the sentiments of the
villagers of Kancharampettai and there has been widespread unrest in
the village and there has also been closing down of the shops in and
around the place. Therefore, the fourth respondent/Executive Officer
of the temple shall report to this Court that she has removed the stone
inscription from the two places, where it has been put up and shall
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W.P.(MD) No.14495 of 2023
print a new invite for the Kumbabishekam showing only the name of
the village, where the temple is situated.
3. Post the matter on 23.06.2023.
4.The fourth respondent shall appear before this Court on the
said date.”
5.When the matter had come up today, a status report has been filed by the
fourth respondent, wherein it has been stated that the inscription slabs have been
blacked down. However, as regards the removal of the name of the other two
villages in the invite, the fourth respondent would press into service the following
conditions found in the judgment in O.S.No.256 of 1947 on the file of the District
Munsif Court, Melur.
“13.It is respectfully submitted that apart from the prayer raised
in the Writ Petition one more relief was made by the Writ Petitioner
before this Hon'ble Court is to remove the names of Periyapatti Village,
Chinnapatti Village and Kavanur Village from the Kumbabhishekam
invitation. It is respectfully submitted that from judgment of the year
1947 passed in O.S.No.256 of 1947, a sale deed dated 18.07.1921 was
executed in favour of the temple in question shows that Arulmigu
Maamundi Ayyanar Temple is common temple belonging to Periyappatti
Village, Chinnapatti Village and Kavanur Village, but the same is
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W.P.(MD) No.14495 of 2023
situated at Kancharampettai Village. Since due to shortage of time and I
have no authority to ascertain rights of the parties, at the same time in
order to avoid law and order issue, included the names of said villages
in the invitation and also informed the said villagers a well as
Kancherampettai Village they would not get any right because of
including the name of their village in the invitation and if any right is
claimed by any of the villagers we have directed them to approach
appropriate forum for redressal of their grievances. This respondent
reserves his right to file additional status report if and when
necessary.”
6.The judgment in O.S.No.256 of 1947 has been enclosed in the typed set
of papers. A reading of the said judgment, it is seen that the sale price for the
purchase of the land in question was from the hundial collection and from the
common funds of three villages, namely Periyapatti Village, Chinnapatti Village,
Kavanur Village. This would clearly justify the inclusion of the names of the
other two villages in the invite and no exception can be taken to the same. That
apart, it is seen that the petitioner has himself participated in a peace committee
meeting, where he has agreed to have the Kumbabesegam with the following
conditions:-
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W.P.(MD) No.14495 of 2023
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7.In the light of the above, no orders need to be passed by this Court in the
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W.P.(MD) No.14495 of 2023
above writ petition. Consequently, the Writ Petition is dismissed. However, there
shall be no order as to costs. Consequently, connected Miscellaneous Petitions are
closed.
Speaking : Yes / No 23.06.2023
NCC : Yes / No
Internet : Yes / No
Index : Yes / No
mm
To
1.The Commissioner,
Tamil Nadu Hindu Religious and Charitable Endowment
Department,
HR &CE Commissionarate,
119, Uththama Gandi Road,
Nungampakkam,
Chennai 600 034.
2.The Regional Joint Commissioner,
Tamil Nadu Hindu Religious and Charitable Endowment Board,
H.306, TNHB Colony,
Ellis Nagar,
Madurai District.
3.The Assistant Commissioner,
Tamil Nadu Hindu Religious and Charitable Endowment Board,
H.306, TNHB Colony,
Ellis Nagar, Madurai District.
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W.P.(MD) No.14495 of 2023
4.The Executive Officer/Thakkar,
A/M. Maamundi Ayyanar Temple,
Kancharampettai,
Office at Arulmighu Kalyana Sundareswarar Temple,
Melur,
Madurai District.
5.The Deputy Superintendent of Police,
Oormetchikulam Sub Division,
Office at Oormetchikulam,
Madurai District.
P.T.ASHA, J.
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W.P.(MD) No.14495 of 2023
mm
W.P.(MD) No.14495 of 2023
23.06.2023
https://www.mhc.tn.gov.in/judis
