Madras High Court
J.Thiruvengadam vs / on 23 July, 2024
Author: C.Saravanan
Bench: C.Saravanan
W.P.(MD) No.16694 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.07.2024
CORAM:
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.(MD) No.16694 of 2024
J.Thiruvengadam ... Petitioner
/vs./
1.The Joint Commissioner,
Hindu Religious & Charitable Endowment Department,
Tiruppur Zone,
2nd Floor, Cotton Market Complex,
Palladam Road,
Tiruppur 641 604,
Trippur District.
2.The Assistant Commissioner,
Hindu Religious & Charitable Endowment Department,
11, Saminathapuram 1st Cross Street,
Karur Town and Taluk,
Karur District.
3.Arulmigu Sri Vanthavazhi Karupasamy Temple,
represented by the Inspector / Takkar,
Singampatti,
Balaviduthi Village,
Kadavur Taluk,
Karur District.
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W.P.(MD) No.16694 of 2024
4.The Tahsildar,
Kadavur Taluk,
Karur District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Mandamus, directing the respondents 1 to 3 herein to permit
the petitioner along with village people to worship and perform Abisekam along
with Annathanam to Arulmigu Sri Vanthavazhi Karuppasamy Temple,
Singampatti, Balaviduthi village, Kadavur taluk, Karur District either 25.07.2024
or 01.08.2024 pursuant to the recommendation of the 4th respondent in his
proceedings in Na.Ka.A3/2071/2023, dated 27.09.2023.
For Petitioner : M/s.K.Hemakarthikeyan
For Respondents : Mr.P.Subbaraj
Special Government Pleader
ORDER
Heard M/s.K.Hemakarthikeyan, learned counsel for the petitioner and Mr.P.Subbaraj, learned Special Government Pleader for the respondents.
2.The petitioner has filed this writ petition for a Mandamus to direct the respondents 1 to 3 to permit the petitioner along with the village people to worship and perform Abisekam along with Annathanam in the temple, namely Arulmigu Sri Vanthavazhi Karuppasamy Temple, Singampatti, Balaviduthi 2/8 https://www.mhc.tn.gov.in/judis W.P.(MD) No.16694 of 2024 village, Kadavur taluk, Karur District, pursuant to the recommendation of the fourth respondent dated 27.09.2023 bearing Na.Ka.A3/2071/2023.
3.In this writ petition, the petitioner has not impleaded the hereditary trustee of the third respondent temple, although the Takkar has been impleaded as third respondent.
4.The petitioner has placed reliance on the order of the Tahsildar, wherein the Tahsildar has stated that the temple festival can be conducted as long as there is no law and order situation on any one of the day as may be nominated by the hereditary trustee.
5.A reference is made to the following paragraph from the aforesaid recommendation of the Tahsildar dated 27.09.2023 in his proceedings bearing Ref.Na.Ka.A3/2071/2023 addressed to the Assistant Commissioner and to the third respondent.
“,e;jpa murpayikr;rl;lj;jpd; gb midtUf;Fk; topghl;L cupik cs;sjhYk; Cu; kf;fspd; Nfhupf;if Vw;Gilajhf cs;sjhYk; ,dp tUq;fhyq;fspy; rl;l xOq;F gpur;rid VJk; Vw;glhjthW gpur;ridfis jtpu;f;Fk; tifapy; 3/8 https://www.mhc.tn.gov.in/judis W.P.(MD) No.16694 of 2024 Nkw;gb Cu;nghJ kf;fs; f&u; khtl;lk;> flT+u; tl;lk;> ghytpLjp fpuhkk;> k[;uh rpq;fk;gl;bapy; cs;s mUs;kpF te;jtop fUg;grhkp jpUf;Nfhtpypy; xt;nthU Mz;Lk; Mb khjk; Cu;nghJ kf;fs; rhu;gpy; md;djhdk; elj;jTk; topghL nra;aTk; Mb khjj;jpy; VNjDk; xU thuj;jpid xJf;fPL nra;Jj; jUkhW jq;fis md;Gld; Nfl;Lf;nfhs;fpNwd;”
6.On the other hand, the learned Special Government Pleader for the respondents has filed a copy of the instructions received from the Inspector of HR & CE, Kadavoor, wherein it has been stated as follows:-
“Nkw;gb jpUf;Nfhapypy; Mb khjk; md;djhd ngUtpohtpy; nghJ kf;fs; midtUk; xd;whf fye;J nfhz;Ljhd; jpUtpoh eilngw;W tUfpwJ. nghJ kf;fs; md;djhd ngUtpohtpy; fye;J nfhs;tij guk;giu mwq;fhtyu;fs; jLg;gjpy;iy kDjhuu; cs;Nehf;fj;njhL guk;giu mwq;fhtyu;fis gpujpthjpahf Nru;f;fhky; jf;fhiu kl;Lk; tof;fpy; Nru;j;Js;shu; guk;giu epu;thfj; jd;ik cs;sjhy; jdpahf Mb khjk; md;djhd ngUtpoh nghJ kf;fs; elj;jpl top tif ,y;yhjjhy; Nkw;gb tof;fpid js;Sgb nra;jpl Nfhuyhk; vd;w tpguk; gzpe;J njuptpj;Jf;nfhs;sgLfpwJ.”
7.Reading of the above indicates that the petitioner can be accommodated on any one day as may be decided by the hereditary trustee for the Aadi festival. It is submitted that the temple festival is to be held on every Thursday in the Tamil month of 'Aadi' starting from 15.07.2024 and ending with 14.08.2024. It is submitted that the petitioner cannot have an exclusive right to participate in the 4/8 https://www.mhc.tn.gov.in/judis W.P.(MD) No.16694 of 2024 temple festival.
8.The learned counsel for the hereditary trustee has represented that the petitioner is one of the accused in Crime No.115 of 2019 before the Balaviduthi Police Station, Karur District and that the charge sheet has also been filed in CC.No.75 of 2022 before the Judicial Magistrate Court No.1, Kuzhithalai. It is submitted that the intention of the petitioner appears to be to bring disharmony during the temple festival by asking for separate dates.
9.Having considered the submissions made by the learned counsel for the petitioner, learned Special Government Pleader for the respondents and the learned counsel for the hereditary trustee, this Court is of the view that the right to worship in the temple festival cannot be denied, even though the petitioner may be an accused person in CC.No.75 of 2022 before the Judicial Magistrate Court No.1, Kuzhithalai, pursuant to the registration of the FIR in Crime No.115 of 2019 before the Balaviduthi Police Station, Karur District.
10.However, the petitioner cannot have an exclusive right to participate in 5/8 https://www.mhc.tn.gov.in/judis W.P.(MD) No.16694 of 2024 the temple festival on a particular day, even if the intention of the petitioner appears to be ostensibly noble that is to worship for the entire village. The petitioner has to participate in the temple festival as has been decided by the hereditary trustee along with the third respondent.
11.Under these circumstances, the third respondent as also the hereditary trustee, whose counsel appears today, are directed to ensure that the petitioner is allowed to participate in the temple festival as per usual norm. The HR & CE Department may ensure adequate number of police forces are available, so that there is no untoward incident during the temple festival.
12.With the above directions, the Writ Petition stands disposed of. No costs.
Index : Yes / No 23.07.2024
Internet : Yes / No
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W.P.(MD) No.16694 of 2024
To
1.The Joint Commissioner,
Hindu Religious & Charitable Endowment Department, Tiruppur Zone, 2nd Floor, Cotton Market Complex, Palladam Road, Tiruppur 641 604, Trippur District.
2.The Assistant Commissioner, Hindu Religious & Charitable Endowment Department, 11, Saminathapuram 1st Cross Street, Karur Town and Taluk, Karur District.
3.Arulmigu Sri Vanthavazhi Karupasamy Temple, represented by the Inspector / Takkar, Singampatti, Balaviduthi Village, Kadavur Taluk, Karur District.
4.The Tahsildar, Kadavur Taluk, Karur District.
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mm W.P.(MD) No.16694 of 2024 23.07.2024 8/8 https://www.mhc.tn.gov.in/judis