Petitioner sought mandamus directing handover of a Mandapam key. Court found the structure is inside the temple, and key retention by the Executive Officer is lawful with no access restrictions during specific festivals. Writ petition disposed of without costs connected incidental petitions closed.
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.
W.P.(MD)No.23454 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.06.2022
CORAM:
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
W.P.(MD)No.23454 of 2017 and W.M.P.(MD).No.19716 of 2017
N.Shanmugam
.. Petitioner
Vs
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the fourth respondent to hand over the key of Somasundaram Pillai Vagaiyara Arakattalai Mandapam at Arulmighu Subramaniya Swamy Temple, Thirupparakundaram to the petitioner at once.
1/6
W.P.(MD)No.23454 of 2017
For Petitioner : Mr.P.Ganapathi Subramanian For R1 to R3 : Mr.M.Lingadurai, Special Government Pleader For R4 : Mr.M.Muthugeethaiyan
ORDER
This Writ Petition has been filed seeking for issuance of a Writ of
Mandamus to direct the fourth respondent to hand over the key of Somasundaram Pillai Vagaiyara Arakattalai Mandapam at Arulmighu Subramaniya Swamy Temple, Thirupparakundaram to the petitioner at once.
2. The contention of the petitioner is that Somasundaram Pillai Arakattalai Mandagapadi Mandapam was constructed 400 years ago, which is situated at the outside of the Arulmighu Subramania Swamy Temple, Thirupparakundrm, which was constructed by the forefathers of the petitioner. The Pillai Community alone established and maintained the Mandapam. The ancestors of the petitioner executed a document deed of resolution dated 14.10.1926 and registered the same as Document No.544 of 1927 on the file of the Joint Sub Registrar No.IV,
2/6
W.P.(MD)No.23454 of 2017
Madurai. During Ipasy, Kandasarhti and Panguni Uthiram festivals, they opened the Mandapam. The only grievance of the petitioner is that after poojas, the key of Mandagapadi is locked and retained by them. The fourth respondent forcibly taken the key, against which the present writ petition has been filed.
3.The learned counsel appearing for the fourth respondent submitted that Mandagapati is situated inside the temple and photograph for the same is also produced. It is seen that the Mandagapati within the temple. Hence, the detention of the key by the fourth respondent is lawful and permissible.
4.The learned Special Government Pleader appearing for the respondents 1 to 3 submitted that the petitioner had some problem with regard to handing over the key. Now, the key is handed over to the fourth respondent. Earlier the complaint has been lodged by the petitioner on 15.11.2015, and thereafter, enquiry was conducted and fourth respondent had given an explanation on 13.11.2017.
3/6
W.P.(MD)No.23454 of 2017
6.Considering the submission and perused the materials on records, it is seen that the Mandagapadi is situated within the temple and during Ipasy, Jasti, Kandasarhti and Panguni Uthiram festivals, the Arakattalai members are allowed to perform Poojas in their Mandagapadi and during other period the Mandagapadi is kept in lock and key and retained by the Executive officer of the temple.
7.In view of the same, this Court finds that the Mandagapadi within the temple and the petitioner cannot have any quarrel for retention of the key of the Mandagapadi by the Executive Officer and there is no restriction for the petitioner to enter into the Mandagapati, during Ipasy, Jasti, Kandasarhti and Panguni Uthiram festivals.
4/6
W.P.(MD)No.23454 of 2017
8.Recording the same, this Writ Petition is disposed of. No costs.
Consequently, the connected writ miscellaneous petition is closed.
21.06.2022
Index: Yes/No Internet : Yes/No vsg
To:
5/6
W.P.(MD)No.23454 of 2017
M.NIRMAL KUMAR, J.
vsg
W.P.(MD)No.23454 of 2017 and W.M.P.(MD).No.19716 of 2017
21.06.2022
6/6
1 issue framed by the court
Whether the petitioner is entitled to obtain the key of the Mandapam located within the temple premises?
1 provisions across 1 enactments
N. Shanmugam
The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Madurai District
The Deputy Commissioner, Hindu Religious and Charitable Endowment Department, Madurai
The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Madurai
The Deputy Inspector of Temples, Arulmigu Subramaniyasamy Temple, Thirupparakundaram, Madurai
M. Nirmal Kumar
Justice M. Nirmal Kumar
Judge M. Nirmal Kumar
Hon'ble Justice M. Nirmal Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
