Madras High Court
V.N.Vijayaraghavan vs The Assistant Commissioner on 13 August, 2024
Author: S.Srimathy
Bench: S.Srimathy
Rev.Aplw(MD).No.152 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13.08.2024
CORAM:
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
REV.APLW(MD).No.152 of 2024
in
W.P(MD)No.19221 of 2024
and
W.M.P(MD)No.16477 of 2024
V.N.Vijayaraghavan ... Petitioner
Vs.
1. The Assistant Commissioner,
Hindu Religious and Charitable Endowments,
Ellis Nagar, Madurai.
2. The Executive Officer / Fit Person,
Arulmigu Kalamegha Perumal Thirukovil,
Thirumohur, Othakadai, Madurai.
3. The Inspector of Police,
Keelavalavu Police Station,
Madurai District.
4. A.Chinnaiah ... Respondents
PRAYER: Review Application is filed under Order XLVII, Rule 1 & 2
read with Section 114 of Civil Procedure Code, to review the order
passed in W.P.(MD) No.19221 of 2023 dated 08.08.2023 on the file of
this Court.
1/9
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Rev.Aplw(MD).No.152 of 2024
For Review Petitioner : Mr.RM.Arun Swaminathan
For Respondents : Mr.V.Omprakash,
Government Advocate, for R-1 & R-3
Dr.C.Guhaseela Rupan, for R-2
Mr.S.Vellaichamy, for R-4
JUDGMENT
Heard Mr.RM.Arun Swaminathan, the Learned Counsel
appearing for the review applicant and Mr.V.Omprakash, the Learned
Government Advocate appearing for the respondents 1 to 3,
Dr.C.Guhaseela Rupan, the Learned Counsel appearing for the
2nd respondent, Mr.S.Vellaichamy, the Learned Counsel appearing for the
4th respondent and perused the material documents available on record.
2. This review application is filed against the order passed in
W.P.(MD) No.19221 of 2023 dated 08.08.2023, wherein this Court has
held as under:
“5. However, this will not restrain the petitioner from
worshipping the Deity. Hence the petitioner or any persons shall
worship the Deity but at one time only 10 persons are allowed. This
restriction shall be followed scrupulously without any deviation. It is
made clear that the petitioner or other shall not celebrate Aadi
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Thiruvizha or any function in Aadi until the disposal of the
O.A.No.13 of 2015.
6. The learned counsel appearing for the 4th respondent
submitted that in O.A.No.13 of 2015 the 4th respondent Chinnaiah
side evidence has been completed. The petitioner Vijayaraghavan has
to submit his evidence, but he has sought time. Hence the petitioner
is directed to cooperate with the enquiry without any further
adjournment. The Joint Commissioner, Hindu Religious and
Charitable Endowment, Madurai, is directed to dispose the petition
in O.A.No.13 of 2015, within a period of two months, from the date of
receipt of a copy of the order”.
3. It is submitted by the Learned Counsel appearing for the
Review Applicant that the Joint Commissioner, Hindu Religious and
Charitable Endowment, Madurai has not passed any order in O.A.No.13
of 2015 inspite of time limit fixed by this Court. However, the Learned
Government Advocate appearing for the respondents 2 & 3/HR & CE
Department, submitted that after hearing the arguments of the parties, the
case was reserved for Orders. In the meantime, the Review Applicant had
come up with the plea to review the order passed in the writ petition. In
the writ order this Court had held that the petitioner or other shall not
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celebrate Aadi Thiruvizha or any function in Aadi until the disposal of
the O.A.No.13 of 2015 and the time limit granted to dispose the O.A.
was two months. Since the said O.A. was not disposed of within two
months the present review is filed.
4. The Learned Counsel appearing for the 4th respondent
submitted that the Review Applicant is not maintainable. He also
vehemently and strenuously opposed for conducting any Thiruvizha,
since as per customary practice only Panguni month Thiruvizha is
conducted. There is no Aadi Thiruvizha at all and if conducted it would
amount to inviting the wrath of the deity.
5. However, the Learned Counsel appearing for the Review
Applicant submitted that from 2012 onwards i.e. for the past 12 years
they are conducting Aadi Thiruvizha, for which he has circulated certain
photographs. But the Review Applicant had not submitted any orders
wherein the Review Applicants rights were recognized. Infact as on date
no petition was filed by the Review Applicant before any forum.
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6. Though this Review Application is filed to review the
order passed by this Court in W.P.(MD) No.19221 of 2023, dated
08.08.2023, now the Learned Counsel appearing for the Review
Applicant restricts his prayer to permit him for conducting only
Annathanam with 75 goats [fplh ntl;L] with 1750 members alone.
7. By taking the aforesaid arguments and observations into
consideration this Court issues the following directions:
(i)The Review Applicant is permitted to conduct
Annathanam only for one day, i.e., on 15.08.2024
[Friday]. In the said Annathanam, only 1750 members
are allowed with 75 goats for 'fplh ntl;L'.
(ii)however, he is restrained from 'rhkp Mly;' and
other customary functions related to such Thiruvizha.
This restriction shall be followed scrupulously without
any deviation.
(iii)This permission of conducting Annathanam is
granted only for the year 2024 Aadi alone.
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(iv)And this permission to conduct Annathanam cannot
be construed as conducting Thiruvizha.
(v)The Review Applicant is directed to establish their
customary rights to conduct Aadi Thiruvizha by
submitting appropriate petition before appropriate
forum. Until then the Review Applicant cannot claim
any right for conducting the Aadi Thiruvizha for the
coming years.
(vi)It is made clear no devotees can be restrained to
visit the temple and worship the deity.
(vii)And devotees are entitled to 'fplh ntl;L' as per
customary rights. But the devotees cannot be permitted
to conduct Thiruvizha, but they can do only 'fplh
ntl;L' with their family alone.
(viii)During the Annathanam, (i). The Superintendent of
Police, Madurai District (ii) The Deputy Superintendent
of Police, Melur and (iii) The Inspector of Police, R-3
Police Station, Keelavalavu, are directed to provide
necessary police protection.
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8. Accordingly, this Review Application is disposed of. No
Costs. Consequently, connected miscellaneous petition is closed.
13.08.2024
Index : Yes / No
NCC : Yes / No
KSA
Note : Registry is directed to mark a copy of this Judgment to,
1. The Superintendent of Police,
Madurai District.
2. The Deputy Superintendent of Police,
Melur.
3. The Inspector of Police,
R-3 Police Station,
Keelavalavu.
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To
1. The Assistant Commissioner,
Hindu Religious and Charitable Endowments,
Ellis Nagar,
Madurai.
2. The Executive Officer / Fit Person,
Arulmigu Kalamegha Perumal Thirukovil,
Thirumohur, Othakadai,
Madurai.
3. The Inspector of Police,
Keelavalavu Police Station,
Madurai District.
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S.SRIMATHY, J.
KSA
Order made in
in
13.08.2024
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