BEFORE THE MADURAI BENCH OF THE MADRAS HIGH COURT DATED: 24/01/2006 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI W.P.No.511 of 2006 and W.P.M.P.No.585 of 2006 S.Balasubramanian ... Petitioner Vs. 1.The Commissioner, Hindu Religions and Charitable Endowment Department, Chennai. 2.The Joint Commissioner, Hindu Religions and Charitable Endowment Department Tirunelveli 2. 3.The Assistant Commissioner, H.R.and C.E.Department, Tirunelveli -2. 4.The Executive Officer, Arulmigu Muppidariyamman &Kallaga Naadiyamman Temple, Krishnapuram, Kadayanallur, Thenkasi Taluk, Tirunelveli District. 5.Thirumalai Yogeswarar, President, Minority Group of Yogeswarar Community, Krishnapuram Village, Thenkasi Taluk, Thirunelveli District. .... Respondents PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, forbearing the respondents 1 to 4 from preventing the petitioner's Yogeeswarar Community from conducting 13th day Mandagapadi every year in the month of Thai in Ther Thiruvizha of Arulmugu Muppidariyammon and Kallaga Naadiyamman Temple situated at Krishnapuram Village, Kadayanallur, Tenkasi Taluk, Tirunelveli District. !For Petitioner ... Mr.S.Ramu ^For Respondent ... Mr.K.V.Vijayakumar. Special Government Pleader R 1 to 4 Mr.S.Ramesh alias Ramaiah For R 5 :ORDER
Heard the learned counsel appearing for the petitioner and the learned
Special Government Pleader, appearing for the respondent. By consent of both the
counsel, the writ petition itself is taken up for final hearing.
2. This writ petition has been filed for a direction forbearing the
respondents 1 to 4 from preventing the petitioner’s Yogeeswarar Community from
conducting 13th day Mandagapadi every year in the Tamil month of ‘Thai’ in Ther
Thiruvizha of Arulmugu Muppidariyammon and Kallaga Naadiyamman Temple situated
at Krishnapuram Village, Kadayanallur, Tenkasi Taluk, Tirunelveli District.
3. It is seen from the records that originally the Yogeeswarar Community
people and the Velar Community have jointly used to celebrate the Arulmigu
Muppidari Amman and Arulmigu Kallanganadi Amman for 2nd day function. Conflicts
arose in between the petitioner’s community people and the Velar Community
people in the year 1996 and one represented the by the petitioner and another
one by 5th respondent. As a temporary measure, the settlement was arrived at in
the year 1996, in the presence of third respondent/Assistant Commissioner,
H.R.&C.E Department, Tirunelveli who has passed an order on 19.01.1996 having
effect that the Velar community people were conducting of the 2nd day
Mandagapadi peacefully without hindrance in the year 1996. But, in the year
1997, there was a split in the petitioner community. The petitioner community
people were to celebrate 13th day Mandagapadi which they have been doing till
date. However, as against the order of the third respondent, both the
petitioner as well as the 5th respondent have filed separate applications before
the second respondent in O.A.Nos.1/97 & 11/98. The second respondent has allowed
the applications filed by the fifth respondent and setting aside the order of
the third respondent allotting 13th day Mandagapadi to Yageeswarar Community
people by its order dated 08.02.2005.
4. Aggrieved, the petitioner group of Yogeeswarar Community have preferred
an appeal in A.P.No.7/2005, which is pending. Though, the petitioner sought
for specific order from the first respondent, the first respondent refused to
grant an interim measure allowing them to celebrate 13th day Mandagapadi without
any hindrance to other community people. Hence, taking advantage, the fifth
respondent approached the fourth respondent and instigated him to prevent the
petitioner’s community from conducting 13th day Mandagapadi, after receipt of
Mandagapadi Kattalai.
5. The petitioner submits that since 1996 they are regularly celebrating
and conducting 13th Mandagapadi individually without disturbing anybody. The
fifth respondent is attempting to conduct the 13th day Mandagapadi. Hence the
present Writ petition has been filed.
7. On the facts and circumstances of the case, this Court will not
interfere with the order passed by the respondents. The first respondent alone
is to decide all the issues arising out on the order of the second respondent,
being the statutory appellate authority.
7. Therefore, on the face of it the writ petition is not maintainable and
is liable to be dismissed. It is always open to the petitioner to move before
the first respondent and seek for an interim direction in respect of the 13th
day celebration and in that event, the first respondent shall dispose of the
same and pass suitable orders as expeditiously as possible, in accordance with
law and on merits.
8. In view of the above observation, the Writ Petition is dismissed.
Consequently, the connected WPMP is closed. No costs.
nbk
To
1.The Commissioner,
Hindu Religions and Charitable Endowment Department,
Chennai.
2.The Joint Commissioner,
Hindu Religions and Charitable Endowment Department
Tirunelveli 2.
3.The Assistant Commissioner,
H.R.and C.E.Department,
Tirunelveli -2.
4.The Executive Officer,
Arulmigu Muppidariyamman &Kallaga Naadiyamman Temple,
Krishnapuram, Kadayanallur, Thenkasi Taluk,
Tirunelveli District.
5.Thirumalai Yogeswarar,
President,
Minority Group of Yogeswarar Community,
Krishnapuram Village,
Thenkasi Taluk, Thirunelveli District.