A Single Judge Bench of the Madras High Court, comprising of Justice N Anand Venkatesh, has in the case of M. Thiagarajan v. The Joint Commissioner, Hindu Religious and Charitable Endowments Board & Ors. observed that Court will not allow any religious congregation in the wake of COVID pandemic but it granted the petitioner the liberty to visit the temple with his family members subjected to following certain conditions imposed by the Respondent.
“This Court cannot permit any huge gatherings in the name of conducting a festival. However, it will be left open to the petitioner and his family members to go to the temple for worshipping.”
Background of the Case
In this case, the Petitioner named M. Thiagarajan and his family members wanted to celebrate “Kodai Vizha” festival at Kombu Madasamy Thirukovil, Tirunelveli on 22.04.2021 and 23.04.2021. He believed that this festival was celebrated from time immemorial by his ancestors and the celebration should be continued annually. But the Respondent was denied the same due to the ongoing Corona Pandemic.
Therefore this Writ Petition was filed under Article 226 of the Constitution of India for issuance of Writ Mandamus, seeking direction to the 1st respondent to permit him to celebrate “Kodai Vizha” festival at Kombu Madasamy Thirukovil, Tirunelveli on 22.04.2021 and 23.04.2021.
Reasoning and Decision of the Court
The Court considered all the facts and circumstances of the case and observed that the State passed an order to restrain all religious congregations and events in order to avoid gathering of people in wake of the pandemic. By taking note of the order, the Court did not allow the petitioner to celebrate“Kodai Vizha” at Kombu Madasamy Thirukovil, Tirunelveli, on the 22nd and 23rd of April 2021 and gave the option to the petitioner that he can visit the temple with his family members.
The Court also directed the Respondent to permit the petitioner and his family members to visit the temple on 22nd and 23rd April 2021, for the purpose of worshipping, and it was made clear that there will be no congregation and it will be limited only to the petitioner and his family members. It was left open to the first respondent to impose any reasonable condition while granting permission to the petitioner.
Hence, the Court disposed of the petition without imposing any cost on it.
Case Details
Case: - W.P.(MD) No.7860 of 2021
Petitioner: - M.Thiagarajan
Respondent: - The Joint Commissioner, Hindu Religious and Charitable Endowments Board,
Tirunelveli
Counsel for Petitioner: - Mr.M.V.Venkataseshan
Counsel for Respondent: - Mr.K.P.Narayanakumar
Judge: Justice N Anand Venkatesh
Read Order@LatestLaws.com
Share this Document :Picture Source :
