Sudalai Veera Pandian A v. The Assistant Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.07.2023 CORAM: THE HONOURABLE MR.JUSTICE B.PUGALENDHI and WMP(MD)No.13605 of 2023 WP(MD)No.16230/2023:- A.Sudalai Veera Pandian ... Petitioner v.

1.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Thoothukudi, Thoothukudi District.

2.The Executive Officer / Thakkar, Arulmighu Sankara Rameswarar Temple, Thoothukudi, Thoothukudi District. ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the second respondent to take necessary action to conduct the Temple Festival of Sri Marudhamaram Sudalaimadasamy Temple at Varthagareddipatti Village, Thoothukudi Taluk, Thoothukudi District, scheduled to be held on 18.07.2023 and 25.07.2023, by considering the petitioner's representation dated 01.06.2023. For Petitioner : Mr.V.Malayendiran For Respondents : Mr.S.P.Maharajan, Special Government Pleader ***** WP(MD)No.16237/2023:- M.Sorimuthu ... Petitioner v.

1.The Revenue Divisional Officer, Tuticorin, Tuticorin District.

2.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Tuticorin.

3.The Fit Person Appointee, Executive Officer, Arulmighu Sankararameswarar Thirukoil, Tuticorin.

4.A.Sorimuthu

5.S.Velayutham ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the first respondent to hand over the key of Sree Marudhamaram Sudalaimadasamy Temple to the petitioner, which is situated at Varthagareddipatti Village, Tuticorin Taluk, Tuticorin District, for conducting the Temple festival scheduled from

11.07.2023 to 18.07.2023, as per the proceedings dated 07.07.2000 passed by the first respondent, by considering the petitioner's representation dated

20.06.2023. For Petitioner : Mr.J.Senthil Kumaraiah For Respondents : Mr.S.P.Maharajan, Special Government Pleader for R.1 to R.3 Mr.R.J.Karthick for R.4 Mr.D.Senthil for R.5 ***** COMMON ORDER Three groups are before this Court and all of them are family members. The fourth respondent in WP(MD).16237/2023, namely, A.Sorimuthu and group belong to 'A' party. The petitioner in WP(MD).16237/2023, namely, M.Sorimuthu and group belong to 'B' party. The petitioner in WP(MD). 16230/2023, namely, A.Sudalai Veera Pandian and group belong to 'C' party.

2.There was a dispute among the family members with regard to the conduct of the festival of Sri Marudhamaram Sudalaimadasamy Temple at Varthagareddipatti Village, Thoothukudi. A consonance has now been arrived and the deity is getting three festivals. One from B party [11.07.2023 to

19.07.2023]; one from C party [19.07.2023 to 26.07.2023]; and the last one from A party [01.08.2023 to 08.08.2023]. It is also represented that the key has already been handed over to the A & B parties by the Revenue Divisional Officer.

3.Since all the parties are permitted to perform the poojas separately, this Court is passing the following directions:- a) The B party shall perform the pooja from 11.07.2023 to

18.07.2023 and hand over the key to the Revenue Divisional Officer on 19.07.2023 at 10.00 am. b) The C party shall collect the key from the Revenue Divisional Officer and perform the pooja from 19.07.2023 to

26.07.2023. After the conclusion of the festival, they shall hand over the key to the Revenue Divisional Officer at 10.00 am on the next day morning. c) The A party shall collect the key from the Revenue Divisional Officer and shall perform the pooja from 01.08.2023 to

08.08.2023. After the conclusion of the festival, they shall hand over the key to the Revenue Divisional Officer. d) After the festival, the parties shall approach the Joint Commissioner of Hindu Religious and Charitable Endowments Department, Thoothukudi District, to frame a scheme on the worship of temple. Accordingly, these writ petitions are disposed of. No costs. Consequently, connected miscellaneous petition is closed. Index :

13.07.2023 NCC : Internet : gk Note: Mark a copy of this order to The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Thoothukudi. To

1.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Thoothukudi, Thoothukudi District.

2.The Executive Officer / Thakkar, Arulmighu Sankara Rameswarar Temple, Thoothukudi, Thoothukudi District.

3.The Revenue Divisional Officer, Tuticorin, Tuticorin District.

B.PUGALENDHI, J. gk

13.07.2023