Madras High Court
R.Muthaiah vs The Commissioner on 12 November, 2024
W.P.(MD) No.26970 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 12.11.2024
CORAM:
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
W.P.(MD) No.26970 of 2024
R.Muthaiah .. Petitioner
Vs.
1.The Commissioner,
Hindu Religious and Charitable
Endowments Department,
Chennai-34.
2.The Joint Commissioner,
Hindu Religious and Charitable
Endowments Department,
Madurai.
3.The Assistant Commissioner,
Hindu Religious and Charitable
Endowments Department,
Virudhunagar.
4.The Executive Officer/Special Officer,
A/M.Senthatti Ayyanar Thirukoil,
Senthatiyapuram, Valaiyapatti,
Keezhanmarai Village, Vembakottai,
Virudhunagar. .. Respondents
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W.P.(MD) No.26970 of 2024
Prayer: Petition filed under Article 226 of the Constitution of India,
praying for issuance of Writ of Mandamus, directing the respondent to
consider the petitioner's representation dated 30.10.2024.
For Petitioner : Mr.S.Madhavan
For R1 to R3 : Mr.P.Subbaraj
Special Government Pleader
For R4 : Mr.P.Mahendran
ORDER
The prayer sought for in the writ petition is seeking for a
mandamus to direct the respondents to consider the representation of the
petitioner dated 30.10.2024.
2. A perusal of the said representation would indicate that the
petitioner had wanted certain Agamas to be followed in the
Kumbabishegam that is to be conducted at Arulmighu Senthatti Ayyanar
Thirukoil, Senthatiyapuram, Valaiyapatti, Keezhanmarai Village,
Vembakottai, Virudhunagar.. The specific prayer in the representation is
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that for the Kumbabishegam that is to be conducted on 17.11.2024,
devotees who also worship the deity as their kuladevadar, should also be
permitted to worship on the said date.
3. Mr.P.Mahendran, learned counsel appearing for the fourth
respondent by placing materials before this Court, had contended that the
consecration of the temple is to take place on 17.11.2024 and the works
regarding the same were started as early as in the year 2022. Permission
has also been sanctioned by the first respondent herein based on certain
conditions that had been imposed by the first respondent. He would
further rely upon a decision of a Division Bench of this Court in Pakshi
Sivarajan S. and another vs. State of Tamil Nadu and others reported in
2016 (1) CTC 129 and contend that this Court cannot interfere with the
Agamas that have been performed. He also contended that various
renovation works have also been fully completed and therefore, the
request of the petitioner to have the consecration of the temple during the
month of Panguni could not be entertained at this stage.
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4. I have considered the rival submissions made by the respective
parties.
5. In the representation dated 30.10.2024, the petitioner had sought
for the consecration of the temple to be held during the month of Panguni
that too when the date coincides with the Panguni Uthiram.
6. As rightly pointed out by the learned Special Government, the
judgment of this Court reported in 2016 (1) CTC 129 had categorically
held that it is not for the Court to decide on which day, the consecration
should be conducted. A decision has already been taken by the
authorities to have the consecration of the temple on 17.11.2024. It
seems to have been taken even in the month of October, 2024 by taking
into consideration that the temple is ready for carrying out the
consecration. When that be so, this Court, at this juncture is not inclined
to entertain the writ petition.
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7. In fine, this Writ Petition is dismissed. There shall be no order
as to costs.
12.11.2024
NCC : Yes/No
Index : Yes/No
Internet : Yes
abr
To
1.The Commissioner,
Hindu Religious and Charitable
Endowments Department,
Chennai-34.
2.The Joint Commissioner,
Hindu Religious and Charitable
Endowments Department,
Madurai.
3.The Assistant Commissioner,
Hindu Religious and Charitable
Endowments Department,
Virudhunagar.
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K.KUMARESH BABU, J.
abr
Dated: 12.11.2024
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