Madras High Court
Selvarasu Servai vs The Joint Commissioner on 23 September, 2024
Author: Mohammed Shaffiq
Bench: Mohammed Shaffiq
W.P.(MD).No.22413 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.09.2024
CORAM
THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ
W.P.(MD).No.22413 of 2024
1.Selvarasu Servai
2.Karupaiah Servai ... Petitioners
Vs.
1.The Joint Commissioner,
Hindu Religious and Charitable
Endowment Department,
Thanjavur District.
2.The Assistant Commissioner,
Hindu Religious and Charitable
Endowment Department,
Pudukkottai.
3.The Inspector,
Hindu Religious and Charitable
Endowment Department,
Pudukkottai District.
4.The Hereditary Trustee of
Sri Senbagasathayanar Temple,
Nambooranipatti,
Thirumayam Taluk,
Pudukkottai District. ...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, directing the 1st respondent to
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W.P.(MD).No.22413 of 2024
pass appropriate order to conduct the temple festival of Terracotta Horse
Procession scheduled on 27.09.2024 of Sri Senbagasathayyanar Temple in
SF.No.73 situated at Nallambal Samuthiram Village, Thirumayam Taluk,
Pudukkottai District conducted by the aforesaid Nambooranipatti, Kovilpatti
and Mavadipatti Villagers, by considering the petitioners' representation dated
04.09.2024 in the light of the judgments of this Court in Writ Petitions in W.P.
(MD).Nos.28048 of 2022 and 7678 of 2023 dated 27.07.2023 and Writ Appeal
in W.A.(MD).Nos.1900 and 1933 of 2023 and relevant documents and the
previous orders passed by the Joint Commissioner of HR and CE and Tahsildar
of Thirumayam.
For Petitioners : M/s.R.Paranjothi
For R-1 to R-3 : Mr.K.S.Selvaganesan
Additional Government Pleader
For R-4 : Mr.G.Mathavan
ORDER
The present Writ Petition is filed for Mandamus directing the first
respondent to pass appropriate orders to conduct the temple festival of
Terracotta horse procession of Sri Senbagasathayyanar Temple in SF.No.73
situated at Nallambal Samuthiram Village, Thirumayam Taluk, Pudukkottai
District, which is scheduled on 27.09.2024, by the villagers of
Nambooranipatti, Kovilpatti and Mavadipatti, by considering the petitioners'
representation dated 04.09.2024.
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2. It is submitted by the learned counsel for the petitioners that
Arulmighu Senbagasathayyanar Temple is maintained by the hereditary trustee
and the villagers of Nambooranipatti, Kovilpatti and Mavadipattai are the
devotees of the said temple. The villagers are performing terracotta horse
procession every year in the Tamil month of Puratasi and the said festival is
scheduled to be conducted on 27.09.2024. The petitioners along with two
others submitted a representation to the first respondent on 04.09.2024 seeking
to pass appropriate orders with regard to the conduct of horse procession as part
of the temple festival. Since the said representation was not considered, the
present Writ Petition has been filed.
3. Mr.K.S.Selvaganesan, learned Additional Government Pleader takes
notice for the respondents 1 to 3. Mr.G.Mathavan, learned counsel takes notice
for the fourth respondent.
4. At the outset, the learned counsel for the fourth respondent, who is the
hereditary trustee of the said temple, would submit that the petitioners may
submit a representation before the fourth respondent and if any such
representation is received, the same would be duly considered and orders would
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be passed in accordance with law, after issuing notice to the petitioners and all
other interested parties/stake holders, which was agreed to by the learned
counsel for the petitioners.
5. In view of the same and taking into consideration the facts and
circumstances of the case and the limited relief sought for in this Writ Petition,
the petitioners may submit a representation before the fourth respondent. If any
such representation is received, the fourth respondent shall consider the same
on its own merits and pass appropriate orders in accordance with law, after
affording reasonable opportunity of hearing to the petitioners and other
interested persons/stake holders, as expeditiously as possible. It is made clear
that this Court has not expressed any views with regard to the merits of the
representation and it is open to the concerned respondent to consider the
representation on its own merits and in accordance with law.
6. Accordingly, the Writ Petition stands disposed of. There shall be no
order as to costs.
23.09.2024
Index : Yes / No
Internet : Yes/ No
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Note: Issue order copy by 25.09.2024.
To
1.The Joint Commissioner,
Hindu Religious and Charitable
Endowment Department,
Thanjavur District.
2.The Assistant Commissioner,
Hindu Religious and Charitable
Endowment Department,
Pudukkottai.
3.The Inspector,
Hindu Religious and Charitable
Endowment Department,
Pudukkottai District.
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MOHAMMED SHAFFIQ, J.
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23.09.2024
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