Madras High Court
S.Mohanaraman vs The Commissioner on 13 June, 2024
Author: Mohammed Shaffiq
Bench: R.Mahadevan, Mohammed Shaffiq
W.P.No.26919 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.06.2024
CORAM :
THE HON'BLE MR.R.MAHADEVAN, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ
W.P.No.26919 of 2022
S.Mohanaraman .. Petitioner
Vs
1 The Commissioner
Tamil Nadu Hindu Religious and Charitable
Endowments Department
Uthamar Gandhi Salai
Nungambakkam, Chennai – 600 034.
2 The Joint Commissioner
Tamil Nadu Hindu Religious and Charitable
Endowments Department
Sathuvachery, Vellore – 9.
3 The Assistant Commissioner
Tamil Nadu Hindu Religious and Charitable
Endowments Department
No.309, 2nd Floor, Arcot Raod
Kagithapatarai, Vellore – 12.
4 The Trustees/ Fit Person (Thakkar)
Arulmigu Balasaarthuleeswarar Temple
Office at Arulmighu Padavettamman Temple
Pudupet, Gudiyatham - 632 602.
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W.P.No.26919 of 2022
5 The Executive Officer
Arulmigu Balasaarthuleeswarar Temple
Office at Arulmighu Padavettamman Temple
Pudupet, Gudiyatham - 632 602. .. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India
seeking issuance of a writ of mandamus forbearing respondents 4 and
5 from granting permission to conduct any marriage or other similar
activities within the premises of Arulmigu Balasaarthuleeswarar
Temple at Nellore pet, Gudiyatham, contrary to its customs and
usages and also the Rules under the Tamil Nadu Temple Entry
Authorisation Act, 1947 by considering the petitioner's representation
dated 29.07.2022.
For the Petitioner : Mr.P.Valliappan
Senior Counsel
for M/s.PV Law Associates
For the Respondents : Mr.S.Ravichandran
Addl. Government Pleader
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice) Heard Mr.P.Valliappan, learned Senior Counsel appearing on behalf of M/s.PV Law Associates for the petitioner; and Mr.S.Ravichandran, learned Additional Government Pleader for the respondents.
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2. The petitioner has filed this writ petition seeking issuance of a writ of mandamus to forbear respondents 4 and 5 from granting permission to conduct any marriage or other similar activities within the premises of Arulmigu Balasaarthuleeswarar Temple at Nellore pet, Gudiyatham, contrary to its customs and usages and also the Rules under the Tamil Nadu Temple Entry Authorisation Act, 1947, by considering the petitioner's representation dated 29.07.2022.
3. When the matter was taken up for hearing, learned Additional Government Pleader appearing on behalf of the respondents, placed on record a status report filed by the fifth respondent, wherein it is specifically averred that the temple authorities have imposed certain conditions which are to be strictly adhered to while conducting the marriages. The relevant portion of the status report reads thus:
“(a) At the time of marriage, taking of videos, photographs and photo shoots in the temple premises, are strictly not allowed.
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(b) Putting Shamiyana or temporary marriage stage in the temple premises, for conducting reception or marriage function are not allowed.
(c) Loud Speakers and D.J's are strictly not allowed inside the temple premises.
(d) during marriages, performance of dances are not allowed.
(e) erection of banner both in digital or flex form, expressing the greetings to the bridegroom and bride are not allowed both inside and outside the temple.
(f) Permission is not granted for serving food, lunch or dinner, either in buffet or in any form, for the persons, who come to attend the marriages.
(g) Permission are not granted to serve tea, coffee or cool drinks, as they throw the cups within temple premises, which causes nuisance to the temple staff while cleaning and also to the devotees and pilgrims.
(h) Only chairs are allowed for the differently abled persons and senior citizen, during the marriages.
(i) Chairs and tables, are not allowed to be used for distribution of foods, tiffin, within temple premises.
(j) Cooking meals either Vegetable items or non- vegetable items are strictly prohibited.
(k) The temple premises should be maintained clean __________ Page 4 of 7 https://www.mhc.tn.gov.in/judis W.P.No.26919 of 2022 during the marriage and after the marriage is over the persons, who booked, for marriage, should completely clean the temple premises and hand over the same to the authorities.
(l) Any violation in the above said conditions, the same will be viewed seriously and the persons, who violates are liable to be prosecuted.”
4. In the light of the status report filed by the fifth respondent, the grievance ventilated by the petitioner in this writ petition stands redressed.
The writ petition is disposed of accordingly, with a direction to the respondent authorities to enforce the conditions referred to herein above in letter and spirit. There shall be no order as to costs. Consequently, W.M.P.No.26121 of 2022 is closed.
(R.M.D., ACJ.) (M.S.Q., J.)
13.06.2024
Index : Yes/No
NC : Yes/No
sasi
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https://www.mhc.tn.gov.in/judis W.P.No.26919 of 2022 To:
1 The Commissioner Tamil Nadu Hindu Religious and Charitable Endowments Department Uthamar Gandhi Salai Nungambakkam, Chennai – 600 034.
2 The Joint Commissioner Tamil Nadu Hindu Religious and Charitable Endowments Department Sathuvachery, Vellore – 9.
3 The Assistant Commissioner Tamil Nadu Hindu Religious and Charitable Endowments Department No.309, 2nd Floor, Arcot Raod Kagithapatarai, Vellore – 12.
4 The Trustees/ Fit Person (Thakkar) Arulmigu Balasaarthuleeswarar Temple Office at Arulmighu Padavettamman Temple Pudupet, Gudiyatham - 632 602.
5 The Executive Officer Arulmigu Balasaarthuleeswarar Temple Office at Arulmighu Padavettamman Temple Pudupet, Gudiyatham - 632 602.
__________ Page 6 of 7 https://www.mhc.tn.gov.in/judis W.P.No.26919 of 2022 THE HON'BLE ACTING CHIEF JUSTICE AND MOHAMMED SHAFFIQ,J.
(sasi) W.P.No.26919 of 2022 13.06.2024 __________ Page 7 of 7 https://www.mhc.tn.gov.in/judis