In a PIL regarding shops inside the Chithi Vinayagar Temple mandapam, the Court found that the shops did not hinder worship as they were sealed during the Mahamagam festival. The petition to remove the shops was dismissed.
None; the writ petition seeking removal of shops is dismissed subject to the Court's observations.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.02.2018 CORAM:
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN and THE HONOURABLE MRS.JUSTICE R.HEMALATHA
W.P(MD)No.982 of 2018
Kannan .. Petitioner
Vs.
1.The Commissioner, Hindu Religious & Charitable Endowments Department, Chennai. 2.The District Collector, Thanjavur District, Thanjavur. 3.The Joint Commissioner, Hindu Religious & Charitable Endowments Department, Mayiladudurai. 4.The Assistant Commissioner, Hindu Religious & Charitable Endowments Department, Kumbakonam, Thanjavur District. 5.The Executive Officer, Arulmigu Kasi Viswanathar Thirukovil, Kumbakonam, Thanjavur District. 6.P.Dhamodharan Namboothiriyar 7.G.Balasubramanian 8.S.Rajendran 9.Mottaisamy Thevar 10.V.Ramesh .. Respondents (Respondents 6 to 10 are impleaded as per order dated 13.02.2018 in W.M.P(MD)No.2640 of 2018)
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PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the respondents to remove the shops in Chithi Vinayagar Temple Mandam situated at Mahamagam Kulam western side shore, Kasi Viswanathar Temple, Kumbakonam Town, Thanjavur District.
For Petitioner : Mr.B.Anandan For R-1 to R-4 : Mr.C.M.Mari Chelliah Prabu Additional Government Pleader For R-5 : Mr.V.Chandrasekar
ORDER
[Order of the Court was made by M.SATHYANARAYANAN, J.]
The petitioner, who claims to be a Town President of 'Viswa Hindu Parisad' and a resident of Kumbakonam Town, came forward to file this Writ Petition styled as a 'Public Interest Litigation', stating among other things that the famous Temple namely, 'Arulmigu Chithi Vinayagar Kovil', which is a sub-temple of 'Arulmigu Kasi Viswanatharswami Temple', is located on the western side of 'Mahamaga Kulam' (Tank) and according to the petitioner, the practice is, the devotees, who are coming to Kumbakonam during 'Mahamagam festival', used to worship the God 'Chithi Vinayagar'.
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Sd/-
Assistant Registrar(CSI)
/True Copy/
Sub-Assistant Registrar
To
1.The Commissioner,
Hindu Religious & Charitable Endowments Department, Chennai.
2.The District Collector, Thanjavur District, Thanjavur.
3.The Joint Commissioner,
Hindu Religious & Charitable Endowments Department, Mayiladudurai.
+One cc to Mr.B.Anandan, Advocate, SR.No.48402
+One cc to Mr.V.Chandrasekar, Advocate, SR.No.48003
pm
RL/7C/4P/CVC/SAR2/26/2/2018
ORDER MADE IN W.P(MD)No.982 of 2018
13.02.2018
2 issues framed by the court
Whether the petitioner is entitled to a writ of mandamus directing removal of shops located inside a temple mandapam.
Whether the current location of the shops causes any hindrance to devotees worshiping the deity.
Kannan
Commissioner, Hindu Religious & Charitable Endowments Department
District Collector, Thanjavur
Joint Commissioner, Hindu Religious & Charitable Endowments Department, Mayiladudurai
Assistant Commissioner, Hindu Religious & Charitable Endowments Department, Kumbakonam
Executive Officer, Arulmigu Kasi Viswanathar Thirukovil
M. SATHYANARAYANAN
R. HEMALATHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
