Selvam v. The Assistant Commissioner

O R D E R This writ petition has been filed challenging the impugned proceedings of the fourth respondent dated 11.04.2023 and the petitioner has also sought for a consequential direction to the second and fourth respondents not to interfere with the rights of the Nattu Gounder Community people over the Arulmigu Mariamman Temple, Thoppapatti, Namakkal District as declared in the judgment and decree dated 21.11.2003 made in O.S.No.69 of 1999, on the file of District Munsif Court, Rasipuram.

2.Heard Mr.R.Nalliyappan, learned counsel for the petitioner, Mr.N.R.R.Arun Natarajan learned Special Government Pleader for R1, R2, and Mr.C.Selvaraj, learned Additional Government Pleader for R3 and R4.

3.The case of the petitioner is that Arulmigu Mariamman Temple was founded and managed by the Kongu Nattu Vellala Gounder Community of Thoppapatty Village, Rasipuram Taluk. In the year 1999, some persons belonging to Devendra Kula Vellalar Community, interfered with the administration of the Temple. Hence, a suit was field in OS.No.69/1999, by persons belonging to the Kongu Nattu Vellala Gounder Community, seeking for the relief of declaration and other consequential reliefs. The suit was decreed in the following terms : 1/ jhth mUs;kpF khhpak;kd; nfhapy;y; thjpfs; rKjhak; kl;Lnk jpUtpHh elj;j chpika[ilth;fs; vd;W tpsk;g[if bra;Jk;/ 2/ thjpfs; rKjhak; jhth khhpak;kd; nfhapypy; jpUtpHh elj;Jtija[k;. eph;thfk; bra;tija[k; 1 Kjy' 5 gpujpthjpfnsh. MtuJ rKjhankh ve;jtifapYk; ,il";ry; braa;f;TlhJ vd;W epue;ju cWj;Jf;fl;lis gpwg;gpj;J cj;jputplg;gLfpwJ/

4.In view of the above decree, the petitioner claims that the community people will have the absolute right to administer and manage the concerned Temple and the same cannot be interfered by the persons belonging to the Devendra Kula Vellalar Community.

5.A writ petition came to be filed in WP.No.25049 of 2017, by a person belong to the Scheduled Caste Community on the ground that she was never allowed to participate in the pooja that was conducted in the Temple. This Court after hearing both sides was pleased to pass the following order dated 16.02.2023:

¶2The case of the petitioner is that the subject Mariamman temple in the Village is under the Control of Hindu Religious Endowments and Charitable Department. The petitioner belong to Schedule community and she was never allowed to participate in the pooja. Therefore, she is seeking a direction to allow the petitioner and her community people to conduct pongal festival in the temple.

¶3The learned counsel appearing for the petitioner submitted that the temple is under the control of Hindu Religious Endowment and Charitable Department and she had been denied entry into the temple and conduct the festival.

¶4The Special Government Pleader appearing for the respondents 1 to 3, on instructions, submitted that the temple is under the control of HR&CE Department. However, the temple is managed by the Gounder community. He further submitted that a declaratory suit has also been filed by them and the right to perform pooja and pongal festival has already been crystallized in the Civil suit wherein the HR&CE Department is also a party. It is his further contention that entry into the temple and worshipping in the temple is not prohibited. However, festival right is declared in favour of the Gounder community. Hence, he submitted that there is no prohibition for the petitioner to enter into the temple and to do worship.

¶5The learned counsel appearing for the private respondent submitted that a suit in O.S.No.69 of 1999 has been filed for declaratory relief. He further submitted that the land has been purchased by their community by contribution and their right has also been declared in the Civil Court.

¶6In reply the learned counsel appearing for the petitioner submitted that it is suffice if the petitioner is allowed to enter the temple and do worship.

¶7In such view of the matter, the respondents are directed to permit the petitioner to enter into the temple and to do worship. However, she cannot claim any right to do any customary pooja, which is declared in favour of the fourth respondent.

6.In view of the above order, a direction was given to the HR & CE Department to allow everyone to enter into the Temple and to do worship, further it was made clear that the same will not give any right to persons belonging to other community to do any customary pooja, which was already declared in favour of the persons belong to the Kongu Nattu Vellala Gounder.

7.A peace committee meeting was called and the fourth respondent after hearing both sides took the following decisions. W.P.No.11541oofo202a 1/ bjhg;gg;glo; mUs;kpF ?khhpak;kd; nfhtpypy; eilbgWk; xUfhy g{i$apid bghJ kf;fspd; eyd; fUjp jpdrhp Kwg; fy; 10/00 kzp Kjy; 11/00 kzpf;Fs; jtwhky; eljj; gg; l ntzL; k; vd Kot [ bra;agg; l;lJ/ 2/xU fhy g{i$ eilbgWk; rkajj; py; njnte;jpu Fy ntshsh; kff; s; tHpghL bra;a tUtij brdi; d cah;ePjpkd;w tHf;F vz;/ W.P.25049/2017 tHf;fpd; jPhg; ;[g ehs;/16/2/023?,d; go vtUk; jLf;ff;TlhJ/ 3/xU fhy g{i$ eilbgWk; rkajj; py; njnte;jpu Fy ntshsh; kff; s; tHpghL bra;a tUk; nghJ g{i$g; bghUl;fshd nj'f; ha;. gHk;. g{ btw;wpiyg; ghf;F. Fw;g{uk; Mfpa bghUl;fis kl;Lk; bfhzL; te;J tHpghL bra;ayhk;/ ,tw;iwj; jtpu bgh';fy; itgg; njh. khtpsfF; bfhz;L tUtnjh. fplh. nfhHp. nrty; btlL; tnjh. ge;jy; mikg;gnjh. jpUtpHh eljJ; tnjh nghd;w ve;j bray;fSfF; k; mDkjp ,y;iy/ 4/xU fy g{i$ eilbgWk; rkajj; py; nfhtpy; g{rhhpia vtUk; kpulL; tnjh. eph;ge;jpf;fnth TlhJ/ 5/nfhtpypy; kpft[k; rpjpykile;j epiyapy; css; jhy; bghJ kf;fs; chpa ghJfhgg; l[ d; tHpghL nkwb; fhss; bjhptpf;fg;gLfpwJ/ 6/nkw;bfhzl; Kot[fspy; vtUf;nfhDk; cldg; hL ,y;iybadpy;. ,e;J rka mwepiyaj; Jiwapd; ,iz Mizah;. ePjpkdw; ij mDfpnah. My;yJ chpikapay; ePjpkdw; j;ij mDfpnwh ghpfhuk; njofb; fhss; yhk; vdtk[ ; bjhptpf;fg;gLfpwJ/ 7/nfhtpy; tHpghL brat; J bjhlh;ghf vej; bthU rl;lk; xG';F gpurr; idapYk; vtUk; <Lglf; TlhJ vdW; k; mtt; hW <Lgll; hy; tUthaj; ;Jiw kw;Wk; fhty; Jiw vLfF; k; eltof;iffSf;F midtUk; flL; g;gl ntzL; k; vd Kot[ bra;ag;gLfpwJ/

8.The;grievance;of;the;petitioner;was;focused;on;Clause;No.3;of;the;decision;taken;in; Pageo6oofo10 the peace committee meeting. According to the petitioner, the persons belonging to the Devendra Kula Vellalar Community have now been permitted to bring the pooja articles like flowers, fruits, coconut and camphor. According to the petitioner, if this is allowed, it indirectly amounts to the other community people given the right to perform special poojas. Therefore, it is contended by the petitioner that it goes against the decree passed by the Civil Court.

9.The learned Special Government Pleader appearing on behalf of the Department submitted that this Court had allowed the entry and worship in the Temple and while worshiping, flowers, fruits and coconuts are offered to the God and the flower is put on the idol and other things are distributed to devotees, who come to the Temple. Therefore, the learned Special Government Pleader submitted that there is no question of giving any right to conduct special poojas by persons belonging to Devendra Kula Vellalar Community. The learned Special Government Pleader once again read Clause 3 of the decision taken in the peace committee meeting, wherein there is a specific restriction on performing certain rights which will amount to a special pooja. Therefore, it was contended that there is absolutely no ground to interfere with the decision taken by the 4th respondent.

10.In the considered view of this Court, worshiping the god also includes within itself offering flowers, fruits, coconut and camphor and this is traditionally followed in all the Temples. By such offering, it cannot be contended that a right is being vested on the person, who makes wuch offer. On carefully going through Clause 3 extracted supra, it is seen that the 4th respondent has consciously restrained the persons belonging to Devendra Kula Vellalar Community from doing certain rites, which will tantamount to giving them a special right and which will run contrary to the decree that has been passed by the Civil Court. Therefore, the decision that was taken by the fourth respondent is clearly backed by application of mind. It is made very clear that offering of flowers, fruits, coconut, camphor and betel leaf and betel nut does not confer any special right on the persons belonging to Devendra Kula Vellalar Community. At the best, it can only be taken to be part of worshiping the god by a devotee. Except giving this clarity, no further orders can be passed in this writ petition.

11.This writ petition is disposed of in the above terms. No costs. Consequently, connected miscellaneous petition is closed.

13.04.2023 KP Internet : Yes/No Index : Yes/No Speaking Order:Yes/No To

1.The Assistant Commissioner Hindu Religious Charitable and Endowment Department Namakkal.

2.The Executive Officer Hindu Religious Charitable and Endowment Department Rasipuram, Namakkal.

3.The Inspector of Police Namagiripet Police Station Namakkal District.

4.The Tahsildar Rasipuram, Namakkal.

N.ANAND VENKATESH, J. KP

13.04.2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 13.04.2023 CORAM : THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and WMP No.11436 of 2023 Mr.Selvam ... Petitioner -Vs- 1.The Assistant Commissioner Hindu Religious Charitable and Endowment Department Namakkal. 2.The Executive Officer Hindu Religious Charitable and Endowment Department Rasipuram Namakkal. 3.The Inspector of Police Namagiripet Police Station Namakkal District. 4.The Tahsildar Rasipuram, Namakkal. 5.S.Revathy .. Respondents Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned proceedings of the 4th respondent dated 11.04.2023 in Na.Ka.3124/2023/A2 and quash the same and consequently direct 2nd and 4th respondents not to interfere with the right of the Nattu Gounder Community members over the Arulmigu Mariamman Temple, Thoppapatti, Namakkal District as declared in the judgment and decree dated 21.11.2003 in OS.69 of 1999 on the file of District Munsif Court, Rasipuram. For Petitioner Mr.R.Nalliyappan For Respondents Mr.N.R.R.Arun Natarajan Special Government Pleader for R1, R2 Mr.C.Selvaraj Additional Government Pleader for R3, R4