Madras High Court
S.Murugesan vs The Commissioner on 15 March, 2023
Author: D.Bharatha Chakravarthy
Bench: T.Raja, D.Bharatha Chakravarthy
W.P.No.7725 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.03.2023
CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.No.7725 of 2023
S.Murugesan .. Petitioner
Vs
1.The Commissioner,
HR & CE, Chennai.
2.The Joint Commissioner,
JR & CE, Salem.
3.The Assistant Commissioner,
HR & CE, Salem.
4.The Executive Officer,
Sri Eswaran Kovil,
Uthamasola Puram,
Salem.
5.T.G.Soundararajan
Hereditary Trustree,
Sri Sarvasakthi Vinayakar Temple,
Sri Mariamman, Sri Kaliyamman,
Sri Muniyappan Tirukovilkal,
Jarikondalampatti, Kondalampatti,
Salem-636 010.
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W.P.No.7725 of 2023
6.The District Collector,
Salem.
7.The Revenue Divisional Officer,
Salem Sub Division,
Salem.
8.The Tahsildar,
Salem South Taluk,
Salem.
9.The Inspector of Police,
P6, Police Station,
Kondalampatti,
Salem-636 010. .. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India
seeking issuance of a writ of mandamus directing respondents 1 to 4
and 6 to 9 to forbear and defer the 5th respondent from conducting the
“punguni” festival in Sri Sarvasithi Vinayagar, Sri Mariyamman, Sri
Kaaliyamman, Sri Muniyappan and Kadakadappan Temples in
Jarikondalamapatti, Salem and any other allied activities by
respondent authorities or general public or any private individual
between the examination months of March 2023 to April 2023 as
notified by the government in anyway, more specifically in anyway
interfering with the peaceful preparation and writing of board
examination by ensuing students until such time the public board
examinations 2023-23 are concluded and consequently direct the
authorities to ensure no detrimental activities are carried out by
anyone in the preparation and writing of board examination 2022-2023
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W.P.No.7725 of 2023
by ensuing students in the name of conducting the “punguni” festival
in Jarikondalamapatti, Salem in the interest of the public.
For the Petitioner : Mr.S.T.Bharath Gowtham
For the Respondents : Mr.R.Shunmugasundaram
Advocate General
assisted by
Mr.N.R.R.Arun Natarajan
Spl. Govt. Pleader (HR&CE)
for respondent Nos.1 to 4
: Mr.K.Selvaraj
for respondent No.5
: Mr.P.Muthukumar
State Government Pleader
for respondent Nos.6 to 9
ORDER
(Order of the court was made by the Hon'ble Acting Chief Justice) S.Murugesan, son of Subramani, a resident of Jarikondalamapatti, Salem, has filed this writ petition seeking issuance of a writ of mandamus directing respondents 1 to 4 and 6 to 9 to forbear the fifth respondent from conducting the “Panguni” festival in Sri Sarvasithi Vinayagar, Sri Mariyamman, Sri Kaaliyamman, Sri Muniyappan and Kadakadappan Temples in Jarikondalamapatti, __________ Page 3 of 9 https://www.mhc.tn.gov.in/judis W.P.No.7725 of 2023 Salem, and any other allied activities by respondent authorities or general public or any private individual during the Board Examination period from March,2023 to April,2023, to enable the students appearing in the ensuing Board Examinations 2023-23 to prepare and write the examinations well.
2. Mr.S.T.Bharath Gowtham, learned counsel for the petitioner, would submit that the Directorate of Government Examinations, Tamil Nadu, has notified that the 10 th Standard examinations will be conducted between 6.4.2023 and 20.4.2023; and the 12 th Standard examinations will be conducted between 13.3.2023 and 3.4.2023. However, the fifth respondent issued invitation notifying the celebration of “Panguni” festival from 15.3.2023 to 13.4.2023. It is pleaded that since the festival period announced by the fifth respondent coincides with the examination period announced by the Government, the students appearing in the ensuing examinations will not be able to prepare well if the cone speakers set up in the locality start playing songs round the clock. The petitioner sent a representation to the respondent authorities on 4.2.2023 to regulate the conduct of the “Panguni” festival. As the said representation did __________ Page 4 of 9 https://www.mhc.tn.gov.in/judis W.P.No.7725 of 2023 not evoke any response, the petitioner has been advised to file this writ petition.
3. In support of the aforesaid submission, learned counsel for the petitioner, referred to the proceedings of the seventh respondent/Revenue Divisional Officer, Salem, dated 15.2.2019 and 12.3.2020, wherein instructions have been issued to avoid holding of village festivals during examination time and one of the instructions given therein shows that the usage of cone speakers should also be avoided during examination time, as it will cause nuisance. He further submitted that the fifth respondent is proceeding to conduct the “Panguni” festival in violation of proceedings dated 15.2.2019 and 12.3.2020 of the seventh respondent/Revenue Divisional Officer, Salem, and, therefore, suitable directions should be given to enjoin the fifth respondent from conducting the “Panguni” festival.
4. Mr.R.Shunmugasundaram, learned Advocate General, assisted by Mr.N.R.R.Arun Natarajan, learned Special Government Pleader, appearing on behalf of respondents 1 to 4, submitted that reasonable restrictions for conduct of village festival have already been imposed __________ Page 5 of 9 https://www.mhc.tn.gov.in/judis W.P.No.7725 of 2023 by the seventh respondent/Revenue Divisional Officer, Salem, vide proceedings dated 15.2.2019 and 12.3.2020, and the same are in vogue. If the petitioner is aggrieved by any violation of the restrictions imposed, he can always approach the competent authority and without resorting to such recourse, merely based on surmises and conjectures, the present writ petition cannot be entertained.
5. Mr.K.Selvaraj, learned counsel appearing on behalf of the fifth respondent, would submit that the fifth respondent shall strictly adhere to the reasonable restrictions imposed by the seventh respondent in the proceedings dated 15.2.2019 and 12.3.2020 and would not use cone speakers during examination time.
6. We find merit in the submission made by learned Advocate General. “Panguni” festival is held annually in several temples across the State during the Tamil month of “Panguni”. Merely because the period of “Panguni” festival coincides with the schedule of the Board Examinations notified, the petitioner cannot seek a direction to defer the conduct of the festival. The respondent authorities have already imposed reasonable restrictions with regard to the conduct of village __________ Page 6 of 9 https://www.mhc.tn.gov.in/judis W.P.No.7725 of 2023 festival. The fifth respondent has also undertaken to adhere to the restrictions imposed by the seventh respondent. If the petitioner finds any violation of the reasonable restrictions by the fifth respondent, it is for him to approach the competent authority seeking redressal of his grievance. The writ petition based on surmises and conjectures cannot be entertained.
In the result, the writ petition is dismissed. There will no order as to costs. Consequently, W.M.P.No.7933 of 2023 is closed.
(T.R., ACJ.) (D.B.C., J.)
15.03.2023
Index : No
Neutral Citation : No
sasi
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W.P.No.7725 of 2023
To:
1.The Commissioner,
HR & CE, Chennai.
2.The Joint Commissioner,
JR & CE, Salem.
3.The Assistant Commissioner,
HR & CE, Salem.
4.The Executive Officer,
Sri Eswaran Kovil,
Uthamasola Puram,
Salem.
5.The District Collector,
Salem.
6.The Revenue Divisional Officer,
Salem Sub Division,
Salem.
7.The Tahsildar,
Salem South Taluk,
Salem.
8.The Inspector of Police,
P6, Police Station,
Kondalampatti,
Salem-636 010.
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W.P.No.7725 of 2023
THE HON'BLE ACTING CHIEF JUSTICE
AND
D.BHARATHA CHAKRAVARTHY, J.
(sasi)
W.P.No.7725 of 2023
15.03.2023
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