The Madras High Court quashed an order suspending the conferral of a temple honour pending litigation, holding it was not an order passed in the underlying appeal proceedings. The petition was partly allowed.
The impugned order suspending the practice of conferring the first honour is quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.04.2019 CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.7715 of 2018 and W.M.P.(MD)Nos.7331 and 7332 of 2018
S.Marimuthu
... Petitioner
Vs
1.The Joint Commissioner,
Hindu Religious and Charitable Endowment Department,
Trichy.
Arulmigu Muthumariamman Thirukoil, R.Balakurichi, Ponnamaravathi Taluk, Pudukottai District.
3.The Inspector of Police, Ulagampatti Police Station, Sivagangai.
4.V.Rajendran
5.A.Krishnan @ Muthukrishnan
6.N.Ramakrishnan @ Kittu ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the entire records pertaining to the impugned order dated 28.3.2018 passed by the 1st respondent in Na.ka.No.2747/2018/A2 and quash the same as illegal and directing the respondents 1 to 3 to permit the petitioner to perform the Mandagapadi and getting honour like as Kathi Eduthu Koduppathu, Malai Mariyadhai, Viboothi Mariyadhai, Kaalanji Mariyadhai at the time of Panguni Festival to be celebrated in the temple of Arulmigu Muthumariamman Thirukkoil along with Iyyanar Temple, Veerappa Kovil – Oorakavalan @ Periyakaruppar Koil situated at R.Balakkurichi, Ponnamaravathi Taluk, Pudukottai District for each and every year.
For Petitioner : Mr.K.Sureshkumar For Respondents : Mr.M.Karuppasamy Government Advocate for R1 to R3
: Mr.K.Balasundram for R4
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ORDER
Heard the learned counsel on either side.
2.The writ petition relates to conferring of first honour in the first Panguni festival of Arulmigu Muthumariamman Thirukovil, R.Balakkurichi, Ponnamaravathi Taluk, Pudukottai District.
3.It appears that the writ petitioner herein was earlier given the said honour. But then the same has been opposed by the private respondents herein. The private respondents herein has filed O.A.No.22 of 2016 before the Joint Commissioner, Hindu Religious and Charitable Endowment Department, Tiruchirapalli. In the meanwhile, the first respondent herein has passed the impugned order dated 28.03.2018 suspending the practice on conferring the first honour till the disposal of the Original Application. This order is challenged in this writ petition.
4.When the private respondents herein have filed O.A.No.22 of 2018 before the Joint Commissioner, Hindu Religious and Charitable Endowment Department, Tiruchirapalli under Section 63(e) of the Tamilnadu Hindu Religious and Charitable Endowment Act it is only in those proceedings an order with regard to the conduct of the event till the disposal could have been passed. The order impugned in this writ petition is not an order that was passed in the Original Application. On this sole ground, the impugned order in this writ petition is quashed. Even at the very commencement of his submission, the petitioner’s counsel made it clear that he is not pressing the prayer for police protection.
5.The writ petition is partly allowed. Consequently, connected miscelaneous petitions are closed. No costs.
Sd/Assistant Registrar(P&A)
/True Copy/
Sub Assistant Registrar(CS-)
To:
1.The Joint Commissioner,
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3.The Inspector of Police, Ulagampatti Police Station, Sivagangai.
+1cc to Mr.K.Sureshkumar, Advocate, SR.No.59656 +1cc to Special Government Pleader, SR.No.59652
W.P.(MD)No.7715 of 2018
05.04.2019
SP/09.03.2019/3P/6C
3 issues framed by the court
Whether the impugned order suspending the practice of conferring the first honour pending disposal of an Original Application is valid.
Whether such an order can be passed under the Tamil Nadu Hindu Religious and Charitable Endowment Act.
Whether the impugned order is distinct from the order passed in the underlying Original Application.
2 provisions across 2 enactments
S. Marimuthu
The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Trichy
The Executive Officer, Arulmigu Muthumariamman Thirukoil
The Inspector of Police, Ulagampatti Police Station
V. Rajendran
A. Krishnan @ Muthukrishnan
G.R. Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
