Madras High Court
R.Anbalagan vs The Commissioner on 20 February, 2025
W.P.(MD)No.4501 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.02.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH
W.P.(MD)No.4501 of 2025
and
W.M.P.(MD)Nos.3234, 3235 and 3236 of 2025
1.R.Anbalagan
2.S.Ramaraj
3.S.Dhanasekaran ... Petitioners
[The petitioners for themselves and as representatives
of the Viswakarma Community People (Aachari) of
Anaikulam, Udayaservarayanpatti, Irunchirai
Villages, Tiruchuli Taluk, Virudhunagar District,
Peraiyur, Abiramam Villages, Kamuthi Taluk,
Ramanathapuram District]
-vs-
1.The Commissioner,
Hindu Religious and Charitable Endowments Department,
Door No.119, Uthamar Gandhi Road,
Thousand Lights West, Nungambakkam,
Chennai – 600 034.
2.The Joint Commissioner,
Hindu Religious and Charitable Endowments Department,
K.S.Kumaran Muthusamy Nagar,
CB Colony, Sivagangai - 630562.
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W.P.(MD)No.4501 of 2025
3.The Assistant Commissioner,
Hindu Religious and Charitable Endowments Department,
Virudhunagar.
4.The Fit Person Cum Executive Officer,
Arulmigu Chokkanathaswamy Temple,
Aruppukkottai, Virudhunagar District.
5.D.Murugaselvam
6.Ramesh Babu ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Certiorarified Mandamus, calling for the records relating to the
impugned order dated 16.12.2024, passed by the fourth respondent and quash the
same and consequently, permitting the Viswakarma Community of Anaikulam,
Udayaservarayanpatti, Irunchirai Villages, Virudhunagar District, Peraiyur,
Abiramam Villages, Ramanathapuram District, to celebrate Maha Sivarathiri
festival in Arulmigu Angalaparameswari Temple, situated at Anaikulam, Tiruchuli
Taluk, Virudhunagar District, without any personal interference from the
respondents 5 and 6.
For Petitioners : Mr.J.Barathan
For R1 to R3 : Mr.K.S.Selvaganesan
Additional Government Pleader
For R4 : Mr.P.Mahendran
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W.P.(MD)No.4501 of 2025
ORDER
This Writ Petition has been filed seeking to quash the impugned order
passed by the fourth respondent, dated 16.12.2024 and consequently, permitting
the Viswakarma Community of Anaikulam, Udayaservarayanpatti, Irunchirai
Villages, Virudhunagar District, Peraiyur, Abiramam Villages, Ramanathapuram
District, to celebrate Maha Sivarathiri festival in Arulmigu Angalaparameswari
Temple, situated at Anaikulam, Tiruchuli Taluk, Virudhunagar District, without
any personal interference from the respondents 5 and 6.
2. With the consent of both sides, this Writ Petition is taken up for final
disposal at the admission stage itself.
3. Since no adverse orders are going to be passed against the respondents 5
and 6, notice to the respondents 5 and 6 is hereby dispensed with.
4. The learned counsel for the petitioners submits that the Arulmigu
Angalaparameswari Temple is the family deity of the Viswakarma Community in
the villages of Anaikulam, Peraiyur, Udayaservarayanpatti, Irurichirai and
Abiramam. The temple is managed by a fluctuating body of persons from the
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Viswakarma Community in these villages. The administrative committee does not
accept or seek donations from people belonging to other communities. The
members of the administrative committee received a notice dated 16.12.2013
from the fourth respondent, alleging that he had been appointed as the fit person
of the temple through an order passed by the third respondent on 26.11.2013.
Hence, the petitioners filed W.P.(MD)No.20915 of 2013 before this Court,
seeking to quash the third respondent's order dated 26.11.2013. This Court set
aside the said order, by order dated 30.09.2015. When the third respondent's order
was set aside by this Court, the fourth respondent, who claimed to have been
appointed as the fit person of the temple, had no basis to continue. Aggrieved
over the same, the respondents 1 and 3 filed W.A.(MD)Nos.1136 and 1140 of
2015. A Hon'ble Division Bench of this Court passed a common judgment on
10.07.2017, remanding the matter to the Assistant Commissioner, Virudhunagar,
for fresh consideration. Pursuant to the said judgment, the fourth respondent was
once again appointed as the fit person of the temple.
5. The learned counsel for the petitioners submits that the petitioners filed
O.S.No.58 of 2023 before the Additional District Court, Virudhunagar, against the
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respondents, which was later transferred to the Additional District Court,
Aruppukottai and the same is pending. While the suit is pending, the respondents
5 and 6 submitted individual petitions to conduct Maha Sivarathiri on 26.02.2025.
However, without giving notice to other parties, the fourth respondent passed the
impugned order dated 16.12.2024, granting permission to the fifth respondent to
celebrate the festival. Hence, the present Writ Petition has been filed.
6. The learned Additional Government Pleader appearing for respondents 1
to 3 and the learned counsel appearing for the fourth respondent submit that the
temple falls under the purview of the Hindu Religious and Charitable
Endowments Department, as per Section 49(1) of the Tamil Nadu Hindu
Religious and Charitable Endowments Act, 1959. As per the proceedings of the
third respondent, dated 26.11.2013, the fourth respondent was appointed as the 'fit
person' and the temple's management is being carried out in accordance with the
said order.
7. It is the usual practice for the Maha Sivarathri festival to be performed in
the temple during the month of Maasi with the permission of the fit person and
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through donations from devotees, under the fit person's supervision. The festival
is not conducted based on the precedence of donors. As done in the previous
years, this year also the festival is proposed to be celebrated in the temple through
the fit person. The income and expenditure accounts, as well as the temple
accounts and the accounts of the opening Hundis are managed by the fit person in
accordance with the procedure and are subject to audit. Therefore, the
respondents prayed for dismissal of the Writ Petition.
8. Heard the learned counsel appearing for the parties.
9. Considering the submissions made by the learned counsel for both sides,
this Court directs that the Maha Sivarathri festival will be conducted in the
Arulmigu Angalaparameswari Temple under the supervision of the fit person, as
appointed by the third respondent, in accordance with the customary practice. The
festival shall be held with the permission of the fit person and through donations
from the devotees. The accounts related to the income, expenditure and opening
Hundis shall continue to be managed by the fit person, subject to audit as per the
applicable procedure. The fit person is directed to ensure that all arrangements
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for the festival, including the management of donations and supervision are
conducted in compliance with the relevant legal provisions and in a manner that
respects the traditions of the temple. The official respondents are also directed to
ensure the smooth functioning of the festival.
10. With the above observations and directions, this Writ Petition stands
disposed of. There shall be no order as to costs. Consequently, connected
Miscellaneous Petitions are closed.
NCC : Yes / No 20.02.2025
Index : Yes / No (2/2)
smn2
Note:- Issue order copy on 21.02.2025.
To:-
1.The Commissioner,
Hindu Religious and Charitable Endowments Department,
Door No.119, Uthamar Gandhi Road,
Thousand Lights West, Nungambakkam,
Chennai – 600 034.
2.The Joint Commissioner,
Hindu Religious and Charitable Endowments Department,
K.S.Kumaran Muthusamy Nagar,
CB Colony, Sivagangai - 630562.
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3.The Assistant Commissioner,
Hindu Religious and Charitable Endowments Department,
Virudhunagar.
4.The Fit Person Cum Executive Officer,
Arulmigu Chokkanathaswamy Temple,
Aruppukkottai, Virudhunagar District.
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VIVEK KUMAR SINGH, J.
smn2
20.02.2025
(2/2)
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