Shanmugavel.K.A v. The Joint Commissioner

ORDER This writ petition has been filed for the issue of a Writ of Mandamus directing the respondents herein to consider the petitioner's representation dated 18.04.2023 and pass appropriate orders within the time stipulated by this Court, permitting the petitioners being hereditary trustees to conduct Theppotsavam Mandagapadi Kattalai scheduled on

04.05.2023 pertaining to Arulmigu Thiripurantheeswar Thirukovil, Palayamkottai, Tirunelveli District.

¶2It is necessary to briefly touch upon the facts preceding the filing of this writ petition. This writ petition is moved by the petitioners claiming to be the Hereditary Trustees, who have right to conduct Theppotsavam Mandagapadi Kattalai pertaining to Arulmigu Thiripurantheeswar Thirukovil, Palayamkottai, Tirunelveli District.

¶3The petitioners would submit that one K.Ayyathaiyal Nayagi Ammal had held the office of the hereditaryship of this Kattalai, which was conducted along with the Thaipoosa Mandagappadi at Arulmigu Thiripurantheeswar Thirukovil. The hereditaryship of the said K.Ayyathaiyal Nayagi Ammal was confirmed by an order dated

02.06.1998 passed in O.A.No.6 of 1990 by the Joint Commissioner, Hindu Religious and Charitable Endowment Department, Tirunelveli. Except the said K.Ayyathaiyal Nayagi Ammal, no one is entitled or has a right, title or interest to this Kattalai. She passed away on 11.06.2001 and the petitioners along with their sister Kumuthavalli inherited the trusteeship of the Theppotsavam Mandagapadi. The petitioners' sister Kumuthavalli passed away on 01.06.2010 and her children inherited her trusteeship along with her husband Muthuveerappan. Muthuveerappan also passed away on 26.04.2014. Therefore, this Kattalai now vests with the petitioners. It is also the contention of the petitioners that the petitioners' family are the Hereditary Trustees of Kattalais attached to different temples in Tirunelveli. Apart from Theppotsavam Mandagapadi, there are other Kattalais which vest with the petitioners' family.

¶4The petitioners would further submit that they were not able to conduct the Theppotsavam festival for the past few years as the tank had started drying and there were encroachments there upon. The petitioners would submit that thereafter, the Theppakulam was redeemed from the encroachers and renovated in 2019-2021 and therefore, the petitioners were keen on conducting Theppotsavam Mandagapadi as the Hereditary Trustees. It was at this juncture that the petitioners were served with pamphlets around March, 2021 informing them about the arrangements for conducting Kumbhabishekam to the Neerazhi Mandapam in the said Theppakulam and to conduct the Theppotsavam Mandagapadi. Immediately the first petitioner as one of the Trustees of Theppotsavam Mandagapadi sent a letter on 30.03.2021 to the respondents explaining them about their rights in conducting Theppotsavam Mandagapadi. The second respondent sent a reply on 04.05.2021 stating that this Kattalai was stopped due to COVID-19 protocol. The petitioners had also addressed another letter to the second respondent stating that they cannot restrain their right of worship. A reply dated 14.09.2021 was received from the second respondent wherein she had stated that she would allow the Sivanadiyargal Thirukottam alone to conduct the Theppotsavam Mandagapadi after the end of COVID-19 protocol, which is illegal and high-handed. Therefore, the petitioners were constrained to file a suit in O.S.No.440 of 2021 before the I-Additional District Munsif's Court, Tirunelveli seeking a permanent injunction, restraining the respondents from interfering with their right to conduct Theppotsavam Mandagapadi pertaining to the Arulmigu Thiripurantheeswar Thirukovil. An interlocutory application in I.A.No.1 of 2021 was also moved in the said suit for a temporary injunction injuncting the respondents from conducting the Theppotsavam Mandagapadi. The second respondent was also a party to the suit. She had filed a separate written statement. The Sivanadiyargal Thirukootam had also been arrayed as party. Ultimately, after hearing both the parties, the learned I-Additional District Munsif was pleased to grant interim injunction. Despite this interim injunction staring at their face, the respondents are proceeding to hold the Theppotsavam Mandagapadi excluding the petitioners and they have taken over the same. Therefore, the petitioners had sent a legal notice dated 12.12.2022 putting the respondents on notice that they were in contempt of orders of the civil Court. Meanwhile, the second respondent/Executive Officer by his proceedings dated 04.05.2009 called upon the Trustees to handover the lands, since there were objections from the Kattalaidhars and therefore, a writ petition in W.P.(MD) No.9323 of 2009 came to be filed on the file of this Court which was disposed of on

16.12.2022 directing the Joint Commissioner to hear the objections and pass orders.

¶5At this juncture, without any right whatsoever to the Theppotsavam Mandagapadi, the second respondent is attempting to conduct the festival and therefore, the petitioners are constrained to approach this Court, since the pamphlets are being circulated in total disregard to the orders of the civil Court in I.A.No.1 of 2021 in O.S.No. 440 of 2021.

¶6Heard the learned counsel appearing for the parties.

¶7In the interlocutory application in I.A.No.1 of 2021 in O.S.No. 440 of 2021, the I-Additional District Munsif, Tirunelveli has passed the following order: "NkYk; ,U jug;gpdUk; Vw;Wf;nfhz;lgb Nkw;fz;l jpUtpohthdJ Rkhu; 100 tUlq;fSf;F gpwF jhd; jw;rkak; jhd; eilngWfpwJ vd;gjhYk;> kDjhuu;fSf;F k.rh.M.1-d; gb njg;gcw;rt

kz;lfg;gbapy;

guk;giu mwq;fhtyu;fshf

cupik fpilf;fg;ngw;W ,Ug;gjhYk;> kDjhuu;fs; Nfhupa gupfhuq;fs;

fpilf;fj;jf;fJ

vd;W jPu;khdpf;fg;gLfpwJ. vdNt kDjhh;fspd; njg;gcw;rt kz;lfg;gb topg;ghl;L cupikia 1 Kjy; 3 vjpu;kDjhuu;fs; ,ilA+W nra;af;$lhJ vd

tof;F

KbAk;

tiu

jw;fhypf cWj;Jf;fl;lis

gupfhuk;

toq;fg;gLfpwJ vd ,e;ePjpkd;wk; KbT nra;fpwJ."

¶8Respondents 1 to 3 therein are respondents 2 and 4 herein and one N.Thiagarajan represented the Sivanadiyargal Kootam. Therefore, in the light of the orders of the civil Court, the respondents particularly the second respondent has no authority to take over this Kattalai. Therefore, this Writ petition has to necessarily be allowed, as the order of the civil Court in I.A.No.1 of 2021 in O.S.No.440 of 201 has not been challenged by any one of the parties and the same is still in force. Therefore, although this writ petition is filed for a mandamus directing the respondents to consider the petitioners' representation dated 18.04.2023, however taking into account the fact that the orders of the civil Court are not challenged and the respondents are acting against the orders passed by the civil Court quoted supra, this Court allows this Writ Petition permitting the petitioners to conduct the Theppotsavam Mandagapadi Kattalai scheduled on 04.05.2023 pertaining to Arulmigu Thiripurantheeswar Thirukovil, Palayamkottai, Tirunelveli District. No costs. Consequently, connected miscellaneous petitions are closed.

27.04.2023 NCC : Yes/No Index : Yes/No Internet : Yes abr To The Joint Commissioner, Hindu Religious and Charitable Endowment Board, Tirunelveli.

P.T.ASHA, J. abr Dated: 27.04.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.04.2023 CORAM: THE HONOURABLE MS.JUSTICE P.T.ASHA and W.M.P.(MD) Nos.9087 and 9088 of 2023 1.K.A.Shanmugavel 2.M.Senthilnathan .. Petitioners Vs. 1.The Joint Commissioner, Hindu Religious and Charitable Endowment Board, Tirunelveli. 2.The Executive Officer, Arulmigu Thiripurantheeswar Thirukovil, Palaymkottai. 3.The Inspector, Arulmigu Thiripurantheeswar Thirukovil, Palayamkottai. 4.The Thakkar, Arulmigu Thiripurantheeswar Thirukovil, Palayamkottai. .. Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus directing the respondents herein to consider the petitioner's representation dated 18.04.2023 and pass appropriate orders within the time stipulated by this Court, permitting the petitioners being hereditary trustees to conduct Theppotsavam Mandagapadi Kattalai scheduled on 04.05.2023 pertaining to Arulmigu Thiripurantheeswar Thirukovil, Palayamkottai, Tirunelveli District. For Petitioners : Mr.V.Meenakshisundaram For R1 : Mr.P.Subbaraj Special Government Pleader For RR2 & 3 : Mr.H.Arumugam