Ayyappan Pillai v. The Commissioner

ORDER Heard Mr. M.Saravanan, Learned Counsel appearing for the Petitioner, Mr. P.Subbaraj, Learned Special Government Pleader and Ms. M.Aasha, Learned Government Advocate appearing for the Official Respondents, Mr. F.Deepak, Learned Counsel appearing for the Tenth Respondent and perused the materials placed on record, apart from the pleadings of the parties.

¶2This Writ Petition has been filed seeking for a direction to the Fifth to Eighth Respondents herein to ensure that all the devotees and general public are allowed to participate in the Yearly Festival (Varshabisekam) of the Arulmigu Manchadiamman Temple situated at Agastheeswaram Taluk, Kanyakumari district scheduled on 03.02.2023 to 07.02.2023 by receiving all offerings such as silk, gold, silver ornaments, paddy, jaggery, fruits, flowers and other products and for a consequential direction to the Fifth to Eighth Respondents to ensure that the day to day poojas of the Temples viz., Arulmigu Manchadiamman Temple situated at Agestheeswaram Taluk, and Arulmigu Krishnan Temple at Kalkulam Taluk, Soorapallam Kanyakumari District, are conducted with the participation of all the devotees and general public.

¶3In response the aforesaid claim made by the Petitioner, Learned Counsel for the Tenth Respondent has filed a memo dated 06.02.2023 stating as follows:- " 1. It is submitted that there is no objection against the petitioner to worship as devotees having darshan of Amman at Soorapallam Manjadi Amman Temple and accepting offerings such as fruits and flowers offered by them.

¶2It is further submitted that pongal worship is not done within the premises of the temple it is for the petitioner to participate in the pongal worship in a outside the temple. It is submitted that people of Krishan vaga community participate in it and make pongal worship according to their wishes." In view of the same, nothing remains for further consideration in the Writ Petition, but it would not preclude the Petitioner if he still has any further grievance from working out his remedies before the proper forum in the manner recognized by law. In the result, the Writ Petition is disposed with the aforesaid observations. Consequently, the connected Miscellaneous Petition is closed. No costs.

06.02.2023 Index : Yes/No Internet : Yes/No Sm Note: Issue Order Copy on 08.05.2023. To

1.The Commissioner, Nungampakkam High Road, Chennai-34.

2.The District Collector, District Collectorate, Nagercoil, Kanyakumari District.

3.The Superintendent of Police, O/o.The Superintendent of Police,

4.The Joint Commissioner, Tirunelveli, Tirunelveli District.

5.The Assistant Commissioner, Kottar, Nagercoil, Kanyakumari District.

6.The Revenue Divisional Officer, Nagercoil Division,

7.The Inspector of Police, Rajakamangalam Police Station, Kanyakumari District.

8.The Executive Officer, Arulmigu Isakki Amman Thirukovil, Muppandal East, Aralvaimozhi, Kanyakumari District.

9.The Inspector, Nagercoil West, Kanyakumari District. P.D.AUDIKESAVALU,J. Sm

06.02.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.02.2023 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU and W.M.P. (MD) No. 1971 of 2023 Ayyappan Pillai ... Petitioner Vs. 1.The Commissioner, Nungampakkam High Road, Chennai-34. 2.The District Collector, District Collectorate, 3.The Superintendent of Police, O/o.The Superintendent of Police, 4.The Joint Commissioner, Tirunelveli, Tirunelveli District. 5.The Assistant Commissioner, Kottar, Nagercoil, Kanyakumari District. 6.The Revenue Divisional Officer, Nagercoil Division, 7.The Inspector of Police, Rajakamangalam Police Station, Kanyakumari District. 8.The Executive Officer, Arulmigu Isakki Amman Thirukovil, Muppandal East, Aralvaimozhi, Kanyakumari District. 9.The Inspector, Nagercoil West, Kanyakumari District. 10.N.Ayyappan ... Respondents PRAYER: Writ Petition filed under Article 226 of the constitution of India, to issue a Writ of Mandamus, directing the Respondent No. 5-8 herein to ensure that all the devotees and general public are allowed to participate in the Yearly Festival (Varshabisekam) of the Arulmigu Manchadiamman Temple situated at Agastheeswaram Taluk, Kanyakumari district scheduled on 03.02.2023 to 07.02.2023 by receiving all offerings such as silk, Gold, Silver Ornaments, Paddy, Jaggery, Fruits, Flowers and others and consequently direct the Respondent No. 5-8 herein to ensure that the day to day poojas of the Temples namely Arulmigu Manchadiamman Temple situated at Agestheeswaram Taluk and Arulmigu Krishnan Temple at Kalkulam Taluk, Soorapallam Kanyakumari District are conducted with the participation of all the devotees and general public. For Petitioner : Mr. M.Saravanan For Respondents : Mr. P.Subbaraj (R1,R2,R4 to R6, R9) Special Government Pleader Ms. M.Aasha (R3, R7 & R8) Government Advocate Mr. F.Deepak (R10)