Madras High Court
C.Selvakumar vs The State Government on 2 April, 2024
Author: R.Suresh Kumar
Bench: R.Suresh Kumar
2024:MHC:1614
W.P.(MD)No.8393 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.04.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
and
THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN
W.P.(MD)No.8393 of 2024
and
W.M.P.(MD)No.7613 of 2024
C.Selvakumar : Petitioner
Vs.
1.The State Government,
Rep. by its Secretary,
Tourism, Culture and Religious Endowments Department,
St. George Fort,
Chennai – 600 009.
2.The Commissioner,
Hindu Religious and Charitable Endowments,
119, Uthamar Gandhi Road,
Nungambakkam, Chennai – 600 034.
3.The District Collector,
Madurai Collectorate,
Madurai – 20.
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W.P.(MD)No.8393 of 2024
4.The Joint Commissioner (HR & CE),
Madurai Zone,
Ellis Nagar,
Madurai – 16.
5.The Deputy Commissioner / Executive Officer,
Arulmigu Kallalagar Temple,
Melur Taluk,
Madurai – 625 301. : Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution
of India, praying for a Writ of Mandamus, directing the first
respondent to eradicate entering Arulmigu Kallalagar Swami in the
private mandagapadis during Chithirai festival in the names of
caste organizations and / or private bungalows and / or any
individual and thereby allowing entering of Arulmigu Kallalagar
Swami only at traditional mandagapadis during Chithirai festival
from this year onwards and allow the common people can enjoy the
festival with peace and harmony without discrimination based on
the petitioner's representation dated 10.01.2024.
For Petitioner : Mr.C.Selvakumar
[Party-in-person]
For Respondents 1 to 4 : Mr.P.Thilak Kumar
Government Pleader
For Respondent No.5 : Mr.S.Manohar
Standing Counsel
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W.P.(MD)No.8393 of 2024
ORDER
************ [Order of the Court was made by R.SURESH KUMAR, J.] The prayer sought for in this Writ Petition is for a Writ of Mandamus, directing the first respondent to eradicate entering of Arulmigu Kallalagar Swami in the private mandagapadis during Chithirai festival, in the names of caste organizations and / or private bungalows and / or any individual and thereby allowing entering of Arulmigu Kallalagar Swami only at traditional mandagapadis during Chithirai festival from this year onwards and allow the common people to enjoy the festival with peace and harmony without discrimination, based on the petitioner's representation dated 10.01.2024.
2.The petitioner has filed this writ petition as a Public Interest Litigation. The petitioner submits that, he is a practicing lawyer, enrolled as an Advocate in the year 2022 in the Bar Council of Tamil Nadu and Puducherry. His grievance is in respect of the Kallalagar festival being conducted every year in the Tamil month of 'Chithirai', from Alagarkovil to Madurai, which is a famous and traditional festival, where the God Kallalagar takes a procession from Alagarkovil to Madurai Vaigai River, where at the peak of the festival, God Kallalagar will enter into Vaigai River and it will be https://www.mhc.tn.gov.in/judis 3/13 W.P.(MD)No.8393 of 2024 witnessed by lakhs and lakhs of people. During the procession which takes around 2 to 3 days to reach Vaigai River and other 2 to 3 days to return back to Alagarkovil, the God will stop at various places in the enroute to perform poojas and mandagapadis by various people who may be an individual or may be a group or may be an organization. This kind of poojas and mandagapadis in the enroute of procession of Kallalagar is taking place for several centuries. However, according to the petitioner, the respondents, especially, the fifth respondent, instead of taking the regular route of procession of God, takes a deviated route or zig-zag route in order to present God ie., Urchavar at various places, according to the wishes of the mandagapadithars, which creates some hatred and inequality in the minds of various section of people residing in the locality or in the district. Therefore, according to the petitioner who appeared as party-in-person, he has given a representation to the respondents on 10.01.2024, where he has made a prayer that during the Chithirai festival of Kallalgar entering into Vaigai River, the mandagapadi and pooja permission granted to various individuals are to be cancelled and the God should be taken straight to the Vaigai River, without any deviation and without any unnecessary stop over. The said representation, since has not been considered and in this regard, eventhough the petitioner had made some queries under the Right to Information Act, 2005, that has also not been responded or rejected without any plausible reason. https://www.mhc.tn.gov.in/judis 4/13 W.P.(MD)No.8393 of 2024 Hence, the petitioner has moved the present writ petition, with the aforesaid prayer.
3.Reiterating the above, the petitioner who appeared as party-in-person made submissions.
4.We have heard Mr.P.Thilak Kumar, learned Government Pleader appearing for the respondents 1 to 4 and Mr.S.Manohar, learned Standing Counsel appearing for the fifth respondent Temple.
5.Learned Standing Counsel appearing for the fifth respondent would submit that, there are totally 483 mandagapadis which have already been permitted to perform pooja during the procession of God Kallalagar from Alagarkovil to Vaigai River at Madurai and also in the return journey. If at all any person or organization wants to perform the pooja or madagapadi afresh and if they make any application to that effect to the fifth respondent, it would be considered on merits and accordingly, by taking into consideration of the procedures being followed or the procedures which are in vogue and also if it is in the enroute, depending upon the merits of such requests, it would be considered and some of them may be permitted and some of them may be rejected. https://www.mhc.tn.gov.in/judis 5/13 W.P.(MD)No.8393 of 2024
6.Accordingly, so far, there had been 483 such madagapadis which have been permitted and as per Fasli 1432 ie., the present year Chithirai festival, the following 483 mandagapadis had been permitted is the learned Standing Counsel's say:
mUs;kpF fs;sHfh; jpUf;nfhtpy;> mHfh;nfhapy;> kJiu khtl;lk;.
gryp 1432 tiu rpj;jpiuj;jpUtpHh kz;lfg;go tpguk;
t.vz;. kz;lfg;go tpguk; ,lk; 1. mHfh;nfhapy; Kjy; K:d;Wkhto tiu 121 2. K:d;Wkhto Kjy; g[J}h; tiu 28 3. g[J}h; Kjy; mk;gyhh; kz;lfg;go tiu 72 4. mk;gyhh; kz;lfg;go Kjy; jy;yhFsk; tiu 56 5. jy;yhFsk; Kjy; itif ejp tiu 50 6. itif ejp Kjy; ,uhkuhah; kz;lfg;go tiu 26 7. ,uhkuhah; kz;lfg;go Kjy; tz;oa{h; tiu 130 mHfh;nfhapy; Kjy; tz;oa{h; tiua[s;s kz;lfg;gofs; 483 Mf TLjy; vz;zpf;if
7.According to the proposed schedule of the procession of Lord Kallalagar for this year Chithirai Festival, it starts on 21.04.2024 at 02.30 p.m. and ends on 27.04.2024 at morning 10.33 a.m. During the enroute, how the procession will be moved, where it will have a stop and have a overnight stay has also been provided in the schedule, which is yet to be published to the public and it will be shortly published.
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8.By placing these factual matrix, learned Standing Counsel appearing for the fifth respondent would submit that, even this year also, new applications had been received which are 4 or 5 in number and they have also been considered by the temple administration ie., fifth respondent, on merits.
9.With regard to the allegation that has been made by the petitioner in the representation as well as in the affidavit filed in support of this writ petition that, according to the whims and fancies of some individuals and some caste based organizations, these madagapadis are indiscriminately permitted by the temple administration, which will create inequality in the minds of people is concerned, there is absolutely no evidence to make such an allegation. Without substantiating such bald allegation, since the representation has been made by the petitioner, the same has been denied by the respondents, especially by the fifth respondent temple.
10.We have carefully considered the submissions of the learned Counsel on either side and perused the materials placed before this Court.
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11.Insofar as the 'Chithirai Thiruvizha', which includes the procession of God Kallalagar from Alagarkovil to Vaigai River at Madurai and return journey to Alagarkovil is concerned, no doubt, it is one of the famous festival which is being conducted in this part of the country. Every year, during the Tamil month of 'Chithirai', such festival is being conducted and God Kallalagar will start from Alagarkovil temple by way of procession and will reach the Vaigai river at Madurai, to have a holy entrance into the river Vaigai.
12.This festival is being witnessed by several lakhs of people every year, for which elaborate arrangements are being made by the State authorities, District administration as well as Temple administration. That apart, several NGOs and voluntary organizations also put in their effort to give support to the Government organizations in conducting the festival in a grandeur manner, with absolute peace, safety and security, without giving any room for any inconvenience to any of the devotees who throng into Madurai city, during the festival time.
13.As has been rightly pointed out by the learned Government Pleader for the respondents 1 to 4, this festival is being conducted for several centuries and when it was started, by whom, itself is time immemorial. Therefore, such a traditional https://www.mhc.tn.gov.in/judis 8/13 W.P.(MD)No.8393 of 2024 festival must be conducted in the regular grandeur manner as being conducted hitherto and this year also elaborate arrangements are being made to conduct the festival to meet the expectations of the lakhs and lakhs of devotees.
14.When such a grandeur festival is being conducted every year, so far, there has been no such complaint as has been apprehended by the petitioner in his representation as well as in the affidavit filed in support of this writ petition. No such complaint has ever been made by any sector of people that during the procession by God Kallalagar, such kind of discrimination is being made out. When that being so, by making a mere allegation, the petitioner cannot expect the authorities concerned, including temple authorities, to cancel the mandagapadis by various individuals or organizations etc., which are all performing poojas for several years.
15.Moreover, to perform poojas or mandagapadis especially during the festival, at the time of the God moving as an Urchavar, by way of procession, every one who resides in the procession route would like to have the glimpses of God. Therefore, if they want to perform pooja to the God, the temple authority cannot say no to them, provided if they make proper application to the temple authorities, they stated that it would be https://www.mhc.tn.gov.in/judis 9/13 W.P.(MD)No.8393 of 2024 considered on merits and accordingly, the permission would be granted or denied.
16.When that being so, the 483 mandagapadis which have already been permitted are to be conducted during the procession in the procession route, where the question of taking any deviated route or zig-zag route does not arise.
17.If such a grandeur festival is taking place without any complaints by any sector of people so far, this Court feels that the system does not require any interference by this Court, that too, at the instance of the writ petitioner, who has made only allegations based on his apprehension and surmises and not on any concrete materials to support or to substantiate his allegations.
18.When a specific question was asked by this Court to the petitioner who appeared in person that, whether he has made any application to seek such permission to perform pooja or mandagapadi to the God during procession route, he said he has not made it and he is not willing to make it.
19.If that being so, we do not see any grievance espoused by the petitioner in this writ petition, warranting any interference as has been sought for in this writ petition. Therefore, recording https://www.mhc.tn.gov.in/judis 10/13 W.P.(MD)No.8393 of 2024 the aforesaid stated position as has been submitted by the learned Government Pleader as well as the learned Standing Counsel for the fifth respondent temple, on the instructions which they received from the respective respondents, we feel that the writ petition can be disposed of.
20.Accordingly, with the aforesaid observations, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.
[R.S.K.,J.] & [G.A.M.,J.]
02.04.2024
Neutral Citation : Yes/No
Index : Yes/No
Internet : Yes/No
MR
Note: Issue a copy of this order by 02.04.2024. https://www.mhc.tn.gov.in/judis 11/13 W.P.(MD)No.8393 of 2024 To
1.The Secretary, State Government, Tourism, Culture and Religious Endowments Department, St. George Fort, Chennai – 600 009.
2.The Commissioner, Hindu Religious and Charitable Endowments, 119, Uthamar Gandhi Road, Nungambakkam, Chennai – 600 034.
3.The District Collector, Madurai Collectorate, Madurai – 20.
4.The Joint Commissioner (HR & CE), Madurai Zone, Ellis Nagar, Madurai – 16.
5.The Deputy Commissioner / Executive Officer, Arulmigu Kallalagar Temple, Melur Taluk, Madurai – 625 301.
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and G.ARUL MURUGAN, J.
MR ORDER MADE IN W.P.(MD)No.8393 of 2024 02.04.2024 https://www.mhc.tn.gov.in/judis 13/13