Madras High Court
S.Veerappan vs The Commissioner on 4 July, 2022
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
WP (MD) No.13172 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.07.2022
CORAM
THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR
Writ Petition (MD) No.13172 of 2022
and
W.M.P.(MD)Nos.9360 and 9362 of 2022
S.Veerappan .. Petitioner
Versus
1.The Commissioner,
Hindu Religious and Charitable
Endowments Department,
Chennai.
2.The Joint Commissioner,
Arulmighu Dhandayuthapani Swamy Temple,
Palani,
Dindigul District.
3.The Superintendent,
Tonsuring Section,
Arulmighu Dhandayuthapani Swamy Temple,
Palani,
Dindigul District. .. Respondents
Prayer :- Petition filed under Article 226 of the Constitution of India praying
for issuance of a Writ of Certiorarified Mandamus, to call for the records
pertaining to the order of the third respondent, passed in his proceedings Nil,
dated 29.01.2022, quash the same as illegal and consequently, direct the
respondents 2 and 3 to permit him to tonsure the devotees, who offer their hair
to Lord Murugan in the place allotted to him.
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WP (MD) No.13172 of 2022
For Petitioner : Mr.T.Lenin Kumar
For R1 & R3 : Mr.M.Lingadurai
Special Government Pleader
For R2 : Mr.K.Govindarajan
Standing Counsel
ORDER
The petitioner has filed this Writ Petition seeking to quash the proceedings of the third respondent, dated 29.01.2022, and consequently, to direct the respondents 2 and 3 to permit him to tonsure the devotees, who offer their hair to Lord Murugan in the place allotted to him.
2.The petitioner is a Barber by profession and it is his family profession. The petitioner's father was a licence holder and the second respondent had issued a licence to the petitioner's father Subramanian, permitting him to tonsure the devotees, who offer their hair to Lord Murugan at Palani. As per the norms prescribed by the second respondent, if the licensees attain the age of 60 years or pass away, the male legal heirs of the licensees will be issued with licence, permitting them to tonsure the devotees in the prescribed place of Devasthanam. The second respondent, vide his proceedings in Se.Mu.Na.Ka.No.109/98/A6, dated 30.11.1998, issued a licence to the petitioner as his father attained the age of superannuation. Since then, the petitioner had been rendering services in the tonsuring place of Devasthanam https://www.mhc.tn.gov.in/judis 2/6 WP (MD) No.13172 of 2022 without any complaint or dissatisfaction to the superiors or to the devotees. The petitioner's entire family is eking out their livelihood only through the income derived from the said job. While so, the third respondent, vide proceedings dated 29.01.2022, had suspended the petitioner's licence until further orders, for the reason that on 29.01.2022 when the Temple administration arranged facilities for the devotees to offer their hair to Arulmighu Kulanthai Velappar Swamy, Poomparai, a licensee, by name, Arunachalam, who had consumed alcohol, indulged in wordy quarrel with the devotees and also with the Superintendent of the Temple, at that time, the petitioner is said to have been along with him and also picked up a wordy quarrel.
3.The petitioner had given an explanation stating that he has been falsely implicated, but the Superintendent or the respondents 2 and 3 failed to consider the same. The petitioner's livelihood is only through the income derived from the said job. Therefore, he had sent a representation dated 28.04.2022, stating that he had been rendering services for the past 29 years in the tonsuring place of Devasthanam without any complaint or dissatisfaction to the superiors or to the devotees and he has been falsely implicated and further, he has not been provided with sufficient opportunity to explain the situation and therefore, the suspension order may be revoked. https://www.mhc.tn.gov.in/judis 3/6 WP (MD) No.13172 of 2022
4.Mr.M.Lingadurai, learned Special Government Pleader appearing for the respondents 1 and 3 submits that licence is given to the Barbers for tonsuring the devotees' hair. Without causing any hindrance to the Temple employees, the devotees and others, the Barbers are expected to do their duties with utmost discipline and courtesy. Further, on 29.01.2022 the petitioner went to Arulmighu Kulanthai Velappar Swamy Kovil, Poomparai, a far-away place, along with one Arunachalam, who had consumed alcohol, indulged in wordy quarrel with the devotees and also with the Superintendent of the Temple. The petitioner was never deputed to the said place for tonsuring by the Temple authorities. However, he did not inform the authorities, went there and indulged in wordy quarrel with the devotees and the Superintendent of the Temple, for which, disciplinary action was taken. Unless such disciplinary action is not taken, the administration of the Temple cannot be carried out.
5.Mr.K.Govindarajan, learned Standing Counsel for the second respondent submits that on 29.01.2022, the third respondent arranged facilities to the devotees to offer their hair to Arulmigu Kulanthai Velappar Swamy, Poomparai, and for that purpose, deputed 10 Barbers. When the said Barbers were doing their jobs, the petitioner viz., S.Veerappan, who was never deputed in the said place for tonsuring by the Temple authorities, went there along with one Arunachalam, who had consumed alcohol, M.Karthikeyan, M.Vikram and https://www.mhc.tn.gov.in/judis 4/6 WP (MD) No.13172 of 2022 S.Saravanakumar, indulged in wordy quarrel with the devotees and also with the Superintendent of the Temple. Thereafter, except the petitioner, all others had given apology letters undertaking that they will not indulge in such activities in future. Considering the same, the suspension of all other persons has been revoked. After filing of this Writ Petition, on 27.06.2022 the petitioner had given an apology letter to the second respondent. Considering his apology, the petitioner's licence suspension was revoked and he has been now posted in the Food Department. The posting of the employees at the Temple and licence holders is at the discretion of the Temple authorities for better administration. Considering the materials, it is seen that petitioner's suspension has been revoked and his licence has been restored and he has been posted in the Food Department and now, he has become a wage earner.
6.Recording the above said submissions, this Writ Petition is closed. No costs. Consequently, connected Miscellaneous Petitions are closed.
04.07.2022
Index : Yes/No
smn2
To
1.The Commissioner,
Hindu Religious and Charitable
Endowments Department,
Chennai.
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WP (MD) No.13172 of 2022
M.NIRMAL KUMAR, J.
smn2
2.The Joint Commissioner,
Arulmighu Dhandayuthapani Swamy Temple,
Palani,
Dindigul District.
3.The Superintendent,
Tonsuring Section,
Arulmighu Dhandayuthapani Swamy Temple,
Palani,
Dindigul District.
WP (MD) No.13172 of 2022
04.07.2022
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