S.Karthikeyan v. The District Collector

O R D E R [Order of the Court was made by M.DHANDAPANI, J.] This writ petition has been filed for a mandamus to direct respondents 1 to 4 to consider the petitioner's representation dated

22.12.2024 by conducting a proper enquiry with regard to the illegal fund collection and misappropriation of the same in the name of Chithirai Full Moon Temple Festival at Mangaladevi Kannagi Temple in the past and to take over the entire administration of conducting Arulmigu Kannagi Thiru Kovil Chithirai Full Moon Festival to be held on

12.05.2025 without any third party interference by providing all basic facilities to the devotees during the festival.

¶2Learned counsel for the petitioner would submit that the petitioner is a resident of Theni District and he is also running a jewellery shop in Cumbum. He would submit that in the second century, Cheran Senguttuvan constructed the Mangaladevi Kannagi Temple between the borders of Theni District and Idukki District and the petitioner and several other devotees used to visit the said temple every Chithirai Pournami for celebrating the Goddess Mangaladevi Kannagi. While so, when the petitioner conducted an enquiry, it revealed that the fifth respondent collected huge money in the name of the Trust from the devotees as well as the general public and swindled the same and that illegal action was done with the help of some Government officials. Therefore, the petitioner made a representation to the District Collector, Theni to prevent the fifth respondent from collecting money from the general public as well as devotees. Since no action was taken on the same, the petitioner has filed by the present writ petition.

¶3The learned counsel for the petitioner would submit that this Court may issue necessary direction to the first respondent to conduct enquiry with regard to the alleged illegality committed by the fifth respondent and pass appropriate orders.

¶4Per contra, the learned counsel appearing for the fifth respondent would submit that the fifth respondent is a Trust created for the purpose of providing Annadhanam and other facilities to the devotees visiting the Kannagi Temple. In fact, there is no hundial in the stretch of Theni District as well as Idukki District and only the devotees are giving thattu kanikkai to the poojari. He would submit that except the thattu kanikkai, no person is entitled to collect money from any person. However, the voluntary donation given to the Trust for providing Annadhanam cannot be prevented. Accordingly, he prayed for appropriate orders.

¶5The learned Additional Advocate General would submit that Mangaladevi Kannagi Temple is situated in between Theni District and Idukki District and in fact, every year the Chithirai Pournami celebration was conducted for performing the pooja at the said temple for which the Idukki District Administration and Theni District Administration conducted three committee meetings to provide better facilities to the devotees who are visiting the temple and Standard Operated Procedures are created for this purpose. Further, either the Idukki District Administration or the Theni District Administration permitted any Trust or any person to collect money or donation from the general public and in fact, no hundial was installed either by the Theni District Administration or by the Idukki District Administration. Further, the learned Additional Advocate General assures the Court that if anyone collects money illegally from any person, appropriate action will be taken against them. He further submits that in the present year, if anyone wants to provide Annadhanam or wants to sell pooja materials through shops, they have to make appropriate application before the District Administration and then only, permission will be granted and even the petitioner wants to provide Annadhanam, he has to make application and in the presence of the District Administration, Annadhanam will be distributed. Accordingly, he prayed for dismissal of the writ petition.

¶6Heard Mr.A.Jayaramachandran, learned counsel for the petitioner, Mr.Ajmalkhan, learned Additional Advocate General for respondents 1 to 3, Mr.A.Thiruvadikumar, learned Additional Public Prosecutor for the fourth respondent and Mr.S.Ramanathan, learned counsel for the fifth respondent .

¶7The grievance of the petitioner is that the fifth respondent collected money illegally by influencing the District Administration.

¶8However, since the learned Additional Advocate General fairly submitted that the Theni District Administration will provide all basic facilities and amenities to the devotees who are visiting the Mangaladevi Kannagi Temple and no one will be granted permission for providing Annadhanam without the presence of the District Administration, this Court is not inclined to grant any relief sought for in the writ petition.

¶9Accordingly, this Writ Petition is disposed of. However, if anyone collects money illegally, the District Administration can take appropriate action against them. The petitioner is granted liberty to make application before the District Administration and the same shall be considered and appropriate orders be passed. There shall be no order as to costs.

[M.D.I., J.] [R.S.V., J.]

09.05.2025

Index:Yes/No Internet:Yes/No NCC:Yes/No abr To

1.The District Collector, Theni District, Theni.

2.The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Mahatma Gandhi Road, Nungampakkam, Chennai-600 034.

M.DHANDAPANI, J. and

R. SAKTHIVEL, J. abr

3.The Joint Director, Hindu Religious and Charitable Endowments Department, Plot No.49, M.R.S.Nagar, Seelapadi, Dindigul-624 005.

4.The Superintendent of Police, Theni District, Theni.

09.05.2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.05.2025 CORAM: THE HONOURABLE MR.JUSTICE M.DHANDAPANI AND THE HONOURABLE MR.JUSTICE R. SAKTHIVEL S.Karthikeyan ... Petitioner Vs. 1.The District Collector, Theni District, Theni. 2.The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Mahatma Gandhi Road, Nungampakkam, Chennai-600 034. 3.The Joint Director, Hindu Religious and Charitable Endowments Department, Plot No.49, M.R.S.Nagar, Seelapadi, Dindigul-624 005. 4.The Superintendent of Police, Theni District, Theni. 5.Mangaladevi Kannagi Arakattalai, Rep., by its Secretary T.Rajaganesan, Valluvar Street, 5th Ward, Cumbum-625 516. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 4 to consider the petitioner's representation dated 22.12.2024 by conducting a proper enquiry with regard to the illegal fund collection and misappropriation of the same in the name of Chithirai Full Moon Temple Festival at Mangaladevi Kannagi Temple in the past and to take over the entire administration of conducting Arulmigu Kannagi Thiru Kovil Chithirai Full Moon Festival to be held on 12.05.2025 without any third party interference by providing all basic facilities to the devotees during the festival. For Petitioner : Mr.A.Jayaramachandran For Respondents : Mr.Ajmalkhan Additional Advocate General assisted by Mr.M.Lingadurai Special Government Pleader for RR1 to 3 : Mr.A.Thiruvadikumar Addl. Public Prosecutor – for R4 : Mr.S.Ramanathan – for R5