Rajangam K v. The Joint Commissioner

O R D E R Writ Petition is filed for issuance of a Writ of Mandamus directing the 2nd and 3rd respondents to receive the necessary fee from the petitioners and allow them to host the 5th day Mandagapadi of Chithirai Thiruvizha of the Arulmigu Veera Azhagar Thirukovil, Manamadurai Taluk, Sivagangai District for the year 2024 as per the judgment dated

20.04.2005 passed by the Ld. District Munsif cum Judicial Magistrate Page No. 2 of 9 Manamadurai in O.S.No. 114/2004 and based on the representation dated

30.03.2024 submitted by the petitioners within a reasonable time.

¶2This is the second round of litigation before this Court earlier also some of the petitioners had approached this Court in W.P.(MD)No. 11279 of 2023 for the following relief: " Writ Petition filed under Article 226 of the Constitution of India praying this court to issue a Writ of Mandamus directing the 5th respondent to allow the petitioners to conduct 5th day Mandagapadi as celebrated as per the tradition for the Chithirai Festival of Arulmigu Sri Veera Alagar for the year 2023 as per the Judgement passed by the District Munsif cum Judicial Magistrate Manamadurai in O.S.No. 114/2004 dated 20.04.2005. "

¶3The relief in this Writ Petition is also similar for the ensuing festival on 23.04.2024. Earlier the Writ Petition was dismissed with the following observation: " 6. The petitioners claim that as per the tradition and customs, the petitioners' villagers are conducting the Fifth day Mandagapadi of Arulmigu Sri Veera Alagar, however, there was a dispute with regard Page No. 3 of 9 to mentioning the names in the pamphlets. Thereby, the second respondent conducted the peace committee meeting in which they arrived at a conclusion to hand over the right to the fifth respondent Devasthanam. Since the temple belong to the fifth respondent Devasthanam and a decision of the peace committee meeting was taken on 23.04.2023, unless the petitioners challenge the said decision, the present writ petition is not maintainable. Furthermore, the said festival is scheduled to be conducted tomorrow and the petitioner chosen to file the present writ petition today, which is not sustainable.

¶7Accordingly, this writ petition is dismissed. However, the fifth respondent is directed to conduct the Fifth day Mandagapadi Festival of Arulmigu Sri Veera Alagar by allowing the petitioners-villagers and other village persons. It is needless to say that the law enforcing agency shall take appropriate action against the persons who create law and order problem during the festival. No costs. Consequently, connected miscellaneous petitions are closed. "

¶4It appears that the rivals from the other village have also filed a suit before the District Munsif cum Judicial Magistrate, Manamadurai in O.S.No. 114/2024 for declaring that they were entitled to conduct the festival. The suit was dismissed by the Court by the following Page No. 4 of 9 W.P.rMi)oNo.9a27oofo2024 observation: "12. $Ljy; vOtpdh 1:- gpujpthjpfs; mth;fsJ tof;Fiuapy; jhth tof;if tprhhpg;gjw;F khpahijia tof;F Mifahy; ,e;J mwepiyj;Jiw rl;lg;gphpT 63 (rp)-d; fPo; ,e;J mwepiyaj;Jiw Jiz Mizah; ePjpkd;wj;jpy; kD nra;J ghpfhuk; Nfl;f KbAk;. ,e;ePjpkd;wj;jpy; thjpfs; jhf;fy; nra;Js;s ,e;j gpuhij tprhhpg;gjw;F chpikapay; ePjpkd;wj;jpw;F Nghjpa mjpfhuk; ,y;iy vd;W Fwpg;gpl;Ls;sdh;. mijg; nghWj;J ,e;j $Ljy; vOtpdh tidag;gl;lJ. thjpfs; mth;fsJ ghpfhuj;jpy; 5k; jpUehs; kz;lfg;gbapd; NghJ ehlfk; elj;jpl chpik jq;fSf;F Ntz;Lnkd;W Nfl;Ls;sdh;. rhkp Fk;gpl kw;Wk; tpohtpd; NghJ ehlfk; elj;jpl chpik rptpy; chpik MFk;. Nkw;gb chpikfis jhP ;khdpf;f chpikapay; eilKiwr;rl;lk; gphpT 9-d; fPo; rptpy; ePjpkd;wj;jpw;F Nghjpa mjpfhuk; cs;sJ. kz;lfg;gb jpUtpohtpd; NghJ jq;fSf;F khpahij juNtz;Lnkd;W mth;fs; Nfl;l ghpfhuj;jpy; Nfhutpy;iy. ehlfk; elj;jpl chpikiag;gw;wpa kl;LNk jPh;khdpf;f Ntz;Lnkd;W PageoNo.o5oofo9 Nfl;Ls;sdh;.

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¶5It appears that petitioners have also filed O.A.No.47 of 2024 on

28.03.2024 i.e., just a month before the ensuing festival for the temple. This application has been filed under Sec.63(e) of the HR&CE Act,1959. The office of the Joint Commissioner also numbered the same on

12.04.2024 and fixed the hearing on 06.06.2024. The facts reveal that on

23.04.2023 a peace committee meeting was conducted by the Tahsildar and it was decided that in absence of the consensus between the rivals the 5th day Mandagapadi festival in the subject temple will be held by the 2nd and 3rd respondent. Although the decisions of the peace committee are not binding they are intended to bring peace in the festival. The petitioners have approached this Court at the 11th hour. The petitioners have Page No. 6 of 9 approached the 1st respondent almost at the 11th hour just about 30 days before the festival.

¶6Considering the same, the prayer of the petitioner cannot be accepted as it would lead to chaos in the temple festival. Considering the same, the 2nd and 3rd respondent is directed to proceed with the 5th day Mandagapadi festival as was done pursuant to the peace committee meeting held on 23.04.2023 for this year as well. As far as the rights of the petitioner for the 5th day Mandagapadi festival in the ensuing festival during 2025 is concerned, same will be subject to the decision to be arrived by the 1st respondent in O.A.No.47 of 2024. It is expected that Original Application will be disposed of on merits and in accordance with law within a period of six months. Needless to state the representative of the rival group also shall be heard before appropriate orders are passed. The 2nd and 3rd respondents also may be heard before further orders are passed by the 1st respondent. Writ Petition stands dismissed with the above observation. No costs. Consequently, connected miscellaneous petition is closed. Page No. 7 of 9

16.04.2024. Index: Yes/ No kpr C.SARAVANAN

, J.

kpr To

1.The Joint Commissioner Hindu Religious and Charitable Endowments Department Sivagangai, Sivagangai District

2.The Manager Sivagangai Devasthanam Sivagangai District

3.The Superintendent Sivagangai Devasthanam Manamadurai Sivagangai District W.P.(MD)No.9327 of 2024 Page No. 8 of 9

16.04.2024 Page No. 9 of 9

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.04.2024 CORAM THE HON'BLE MR.JUSTICE C.SARAVANAN W.P.(MD)No.9327 of 2024 & W.M.P.(MD).No.8504 of 2024 1.K.Rajangam 2.M.Velthurai 3.S.Mahendran 4.T.Natarajan 5.K.Govindan 6.M.Ramachandran ... Petitioners Vs. 1.The Joint Commissioner Hindu Religious and Charitable Endowments Department Sivagangai, Sivagangai District 2.The Manager Sivagangai Devasthanam Sivagangai District 3.The Superintendent Sivagangai Devasthanam Manamadurai Sivagangai District ... Respondents Page No. 1 of 9 Prayer: Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Mandamus directing the 2nd and 3rd respondents to receive the necessary fee from the petitioners and allow them to host the 5th day Mandagapadi of Chithirai Thiruvizha of the Arulmigu Veera Azhagar Thirukovil, Manamadurai Taluk, Sivagangai District for the year 2024 as per the judgment dated 20.04.2005 passed by the Ld. District Munsif cum Judicial Magistrate Manamadurai in O.S.No. 114/2004 and based on the representation dated 30.03.2024 submitted by the petitioners within a reasonable time. For Petitioner : Mr.K.C.Ramaligam For Respondents : Mr.P.Subburaj, SGP for R1 Mr.S.Madhavan, Standing counsel for R2 and 3.