Madras High Court
K.Rajangam vs The Joint Commissioner on 16 April, 2024
Author: C.Saravanan
Bench: C.Saravanan
W.P.(MD) No.9327 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 16.04.2024
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
W.P.(MD)No.9327 of 2024
&
W.M.P.(MD).No.8504 of 2024
1.K.Rajangam
2.M.Velthurai
3.S.Mahendran
4.T.Natarajan
5.K.Govindan
6.M.Ramachandran ... Petitioners
Vs.
1.The Joint Commissioner
Hindu Religious and Charitable Endowments Department
Sivagangai, Sivagangai District
2.The Manager
Sivagangai Devasthanam
Sivagangai District
3.The Superintendent
Sivagangai Devasthanam
Manamadurai
Sivagangai District ... Respondents
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Page No. 1 of 9
W.P.(MD) No.9327 of 2024
Prayer: Writ Petition filed under Article 226 of Constitution of India for
issuance of a Writ of Mandamus directing the 2nd and 3rd respondents to
receive the necessary fee from the petitioners and allow them to host the
5th day Mandagapadi of Chithirai Thiruvizha of the Arulmigu Veera
Azhagar Thirukovil, Manamadurai Taluk, Sivagangai District for the year
2024 as per the judgment dated 20.04.2005 passed by the Ld. District
Munsif cum Judicial Magistrate Manamadurai in O.S.No. 114/2004 and
based on the representation dated 30.03.2024 submitted by the petitioners
within a reasonable time.
For Petitioner : Mr.K.C.Ramaligam
For Respondents : Mr.P.Subburaj, SGP for R1
Mr.S.Madhavan,
Standing counsel for R2 and 3.
ORDER
Writ Petition is filed for issuance of a Writ of Mandamus directing
the 2nd and 3rd respondents to receive the necessary fee from the
petitioners and allow them to host the 5th day Mandagapadi of Chithirai
Thiruvizha of the Arulmigu Veera Azhagar Thirukovil, Manamadurai
Taluk, Sivagangai District for the year 2024 as per the judgment dated
20.04.2005 passed by the Ld. District Munsif cum Judicial Magistrate
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Manamadurai in O.S.No. 114/2004 and based on the representation dated
30.03.2024 submitted by the petitioners within a reasonable time.
2. This is the second round of litigation before this Court earlier
also some of the petitioners had approached this Court in W.P.(MD)No.
11279 of 2023 for the following relief:
“ Writ Petition filed under Article 226 of the
Constitution of India praying this court to issue a Writ
of Mandamus directing the 5th respondent to allow the
petitioners to conduct 5th day Mandagapadi as
celebrated as per the tradition for the Chithirai Festival
of Arulmigu Sri Veera Alagar for the year 2023 as per
the Judgement passed by the District Munsif cum
Judicial Magistrate Manamadurai in O.S.No. 114/2004
dated 20.04.2005. ”
3. The relief in this Writ Petition is also similar for the ensuing
festival on 23.04.2024. Earlier the Writ Petition was dismissed with the
following observation:
“ 6. The petitioners claim that as per the
tradition and customs, the petitioners' villagers are
conducting the Fifth day Mandagapadi of Arulmigu Sri
Veera Alagar, however, there was a dispute with regard
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to mentioning the names in the pamphlets. Thereby,
the second respondent conducted the peace committee
meeting in which they arrived at a conclusion to hand
over the right to the fifth respondent Devasthanam.
Since the temple belong to the fifth respondent
Devasthanam and a decision of the peace committee
meeting was taken on 23.04.2023, unless the petitioners
challenge the said decision, the present writ petition is
not maintainable. Furthermore, the said festival is
scheduled to be conducted tomorrow and the petitioner
chosen to file the present writ petition today, which is
not sustainable.
7. Accordingly, this writ petition is
dismissed. However, the fifth respondent is directed to
conduct the Fifth day Mandagapadi Festival of Arulmigu
Sri Veera Alagar by allowing the petitioners- villagers
and other village persons. It is needless to say that the
law enforcing agency shall take appropriate action
against the persons who create law and order problem
during the festival. No costs. Consequently, connected
miscellaneous petitions are closed. ”
4. It appears that the rivals from the other village have also filed a
suit before the District Munsif cum Judicial Magistrate, Manamadurai in
O.S.No. 114/2024 for declaring that they were entitled to conduct the
festival. The suit was dismissed by the Court by the following
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observation:
“12. $Ljy; vOtpdh 1:- gpujpthjpfs;
mth;fsJ tof;Fiuapy; jhth tof;if tprhhpg;gjw;F
khpahijia tof;F Mifahy; ,e;J mwepiyj;Jiw
rl;lg;gphpT 63 (rp)-d; fPo; ,e;J mwepiyaj;Jiw
Jiz Mizah; ePjpkd;wj;jpy; kD nra;J ghpfhuk;
Nfl;f KbAk;. ,e;ePjpkd;wj;jpy; thjpfs; jhf;fy;
nra;Js;s ,e;j gpuhij tprhhpg;gjw;F chpikapay;
ePjpkd;wj;jpw;F Nghjpa mjpfhuk; ,y;iy vd;W
Fwpg;gpl;Ls;sdh;. mijg; nghWj;J ,e;j $Ljy;
vOtpdh tidag;gl;lJ. thjpfs; mth;fsJ
ghpfhuj;jpy; 5k; jpUehs; kz;lfg;gbapd; NghJ ehlfk;
elj;jpl chpik jq;fSf;F Ntz;Lnkd;W
Nfl;Ls;sdh;. rhkp Fk;gpl kw;Wk; tpohtpd; NghJ
ehlfk; elj;jpl chpik rptpy; chpik MFk;. Nkw;gb
chpikfis jPh;khdpf;f chpikapay;
eilKiwr;rl;lk; gphpT 9-d; fPo; rptpy; ePjpkd;wj;jpw;F
Nghjpa mjpfhuk; cs;sJ. kz;lfg;gb jpUtpohtpd;
NghJ jq;fSf;F khpahij juNtz;Lnkd;W mth;fs;
Nfl;l ghpfhuj;jpy; Nfhutpy;iy. ehlfk; elj;jpl
chpikiag;gw;wpa kl;LNk jPh;khdpf;f Ntz;Lnkd;W
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Nfl;Ls;sdh;. vdNt ,e;j tof;if
tprhhpf;f ,e;ePjpkd;wk; Nghjpa Ms;tiu cs;sJ
vd;W jPh;khdpf;fg;gLfpwJ.
13. vOtpdh 4 : thjpfs; mth;fs; jug;G
tof;if ep&gpf;fhj fhuzj;jpdhy; thjpfs; Nfhhpagb
gpujpthjpfSf;F vjpuhf nraYWj;Jf; fl;lis
ghpfhuk; ngwj;jf;fth;fs; my;y vd;W ,e;ePjpkd;wk;
jPh;khdpf;fpwJ. vdNt thjpfspd; tof;F js;Sgb
nra;ag;gLfpwJ. tof;fpd; jd;ikiag; nghWj;J
gpujpthjpfSf;Fz;lhd nryTj; njhifia thjpfs;
nfhLf;f Ntz;Lnkd;W cj;jputplg;gLfpwJ.”
5. It appears that petitioners have also filed O.A.No.47 of 2024 on
28.03.2024 i.e., just a month before the ensuing festival for the temple.
This application has been filed under Sec.63(e) of the HR&CE Act,1959.
The office of the Joint Commissioner also numbered the same on
12.04.2024 and fixed the hearing on 06.06.2024. The facts reveal that on
23.04.2023 a peace committee meeting was conducted by the Tahsildar
and it was decided that in absence of the consensus between the rivals the
5th day Mandagapadi festival in the subject temple will be held by the 2nd
and 3rd respondent. Although the decisions of the peace committee are not
binding they are intended to bring peace in the festival. The petitioners
have approached this Court at the 11th hour. The petitioners have
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approached the 1st respondent almost at the 11th hour just about 30 days
before the festival.
6. Considering the same, the prayer of the petitioner cannot be
accepted as it would lead to chaos in the temple festival. Considering the
same, the 2nd and 3rd respondent is directed to proceed with the 5th day
Mandagapadi festival as was done pursuant to the peace committee
meeting held on 23.04.2023 for this year as well. As far as the rights of
the petitioner for the 5th day Mandagapadi festival in the ensuing festival
during 2025 is concerned, same will be subject to the decision to be
arrived by the 1st respondent in O.A.No.47 of 2024. It is expected that
Original Application will be disposed of on merits and in accordance with
law within a period of six months. Needless to state the representative of
the rival group also shall be heard before appropriate orders are passed.
The 2nd and 3rd respondents also may be heard before further orders are
passed by the 1st respondent.
Writ Petition stands dismissed with the above observation. No
costs. Consequently, connected miscellaneous petition is closed.
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16.04.2024.
Index: Yes/ No
Neutral Citation: Yes / No
kpr
C.SARAVANAN, J.
kpr
To
1.The Joint Commissioner
Hindu Religious and Charitable Endowments Department
Sivagangai, Sivagangai District
2.The Manager
Sivagangai Devasthanam
Sivagangai District
3.The Superintendent
Sivagangai Devasthanam
Manamadurai
Sivagangai District
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16.04.2024
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