Allowed

B.Ramkumar Adityan v. District Collector

Madras HC19 Nov 2020WP(MD)/16537/2020

Case brief

AI extract

What is this about?

Petitioner sought a writ of mandamus directing respondents to conduct a Soorasamharam on the beach and Thirukalyanam in the Mandapam for the Skanda Sasti festival. Respondents consented to the prayer, and the petition was allowed with directions to permit live television coverage without discrimination.

What did the court decide?

The prayer was acceded; respondents to conduct ceremonies as directed and permit all television channels to cover the festivals live without discrimination.

B.Ramkumar Adityan Vs District Collector — Constitutional and Fundamental Rights | Madras HC (2020)

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W.P.(MD)No.16537 of 2020

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.11.2020 CORAM THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI

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W.P.(MD)No.16537 of 2020

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B.Ramkumar Adityan ... Petitioner Vs. 1.The District Collector, Thoothukudi District, Korampallam, Thoothukudi-628 101.

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2.The Superintendent of Police, Thoothukudi District, Korampallam, Thoothukudi-628 101.

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3.The Joint Commissioner, Arulmighu Subramaniya Swamy Thirukovil, Tiruchendur-628 215, Thoothukudi District. ... Respondents

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Prayer : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to conduct Soorasamharam at Beach on 20.11.2020 and Thirukalyanam at Thirukalyana Mandapam on 21.11.2020 during Skanda Sasti festival 2020 at Arulmighu Subramaniya Swamy Thirukovil, Tiruchendur, Thoothukudi District within a stipulated time as fixed by this Court.

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For Petitioner : Mr.S.Sankar For Respondents : Mr.K.Chellanpandian Additional Advocate General assisted by Mr.K.P.Narayana Kumar Special Government Pleader

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ORDER

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(Order of the Court was made by N.KIRUBAKARAN,J)

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This Writ Petition has been filed by the petitioner for issuance of Writ of Mandamus, to direct the respondents to conduct Soorasamharam at Beach on 20.11.2020 and Thirukalyanam at Thirukalyana Mandapam on 21.11.2020 during Skanda Sasti festival 2020 at Arulmighu Subramaniya Swamy Thirukovil, Tiruchendur, https://hcservices.ecourts.gov.in/hcservices/

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W.P.(MD)No.16537 of 2020

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Thoothukudi District within a stipulated time as fixed by this Court.

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The petitioner contends that the temple authorities are going to conduct Soorasamharam and Thirukalyanam within the precincts of temple contrary to the practice of conducting the Soorasamharam at Beach and Thirukalyanam at Thirukalyana Mandapam during the Skanda Sasti Festival, 2020 at Arulmighu Subramaniya Swamy Thirukovil, Thiruchendur.

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The learned Counsel appearing for the petitioner would submit that the Ancient Scripture Skandapurana was brought from Nepal and it was translated in Tamil by Katchiappa Sivachariar. According to the Sixth Kandam viz., Porpuri Kandam, a battle with Surapadma has to be conducted only in Beach and it is a tradition being followed for decades together. Contrary to that, the temple authorities are going to conduct the same within the precincts of the temple. After giving a representation to the respondents, dated 16.11.2020, the petitioner has come forward to file the present Writ Petition.

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Lord Muruga is considered to be the Tamil God and his six abodes are located at Tamil Nadu and except in Andhra Pradesh, Karnataka and Kerala, other parts of India are not having any temple for Lord Muruga. When that is the position, this Court is unable to understand as to how the scripture written in another language was brought from Nepal and later, it was translated in Tamil.

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The decision taken by the authorities to conduct the Soorasamharam within the precincts of the temple cannot also be found fault, in view of the pandemic situation. The authorities are also supposed to follow the Standard Operative Procedures and the devotees cannot also be allowed to congregate in one place. It will violate the Standard Operative Procedures and cause speedy spread of COVID-19 Pandemic Virus, which is threatening the entire World.

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In any event, Mr.K.Chellapandian, learned Additional Advocate General appearing for the respondents would submit that now programme has been changed and the Soorasamharam is to be conducted only on the Seashore as usual on 20.11.2020 and Lord Muruga's Thirukalyanam is to be conducted within the Thirukalyanana Mandapam on 21.11.2020.

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In view of the above submission, without participation of the devotees, the Soorasamharam is to be conducted in the Seashore. However, to enable the devotees to witness “Soorasamharam” as well as “Thirukalyanam of Lord Muruga”, the authorities should permit all the Television Channels to cover the above Festivals live and there should not be any discrimination among the Television Channels. They should give fair opportunity to all Television Channels to cover the https://hcservices.ecourts.gov.in/hcservices/

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W.P.(MD)No.16537 of 2020

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Festivals, so that, the sentiments of the devotees can also be addressed by the authorities.

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Accordingly, the prayer sought for by the petitioner is acceded and therefore, this Writ Petition is closed. No costs.

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Sd/-

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Assistant Registrar (CS III)

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// True Copy //

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/ /2020 Sub Assistant Registrar(CS)

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SSL

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Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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1.The District Collector, Thoothukudi District, Korampallam, Thoothukudi-628 101.

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2.The Superintendent of Police, Thoothukudi District, Korampallam, Thoothukudi-628 101.

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3.The Joint Commissioner, Arulmighu Subramaniya Swamy Thirukovil, Tiruchendur-628 215, Thoothukudi District.

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W.P.(MD)No.16537 of 2020 19.11.2020

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SE(CO)

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KK(19.11.2020) 3P 4C

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https://hcservices.ecourts.gov.in/hcservices/

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B.Ramkumar Adityan v. District Collector

Case brief

What is this about?

What did the court decide?

B.Ramkumar Adityan v. District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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