Disposed

Venkatesh Sowrirajan v. The State of TamilNadu

Madras HC4 Jul 2023WP/3444/2023

Case brief

AI extract

What is this about?

In a writ petition filed under Article 226 regarding temple administration and ritual performance, the High Court did not issue the requested directions. Instead, it remitted the matter to the second and third respondent authorities, directing them to consider a formal representation from the petitioner within six months.

What did the court decide?

Writ petition disposed of; petitioner directed to file a representation with respondents 2 and 3 for consideration within six months; no order as to costs.

Venkatesh Sowrirajan Vs The State of TamilNadu — Pension and Retirement Benefits | Madras HC (2023)

¶1

W.P.No.3444 of 2023

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 04.07.2023

¶4

CORAM :

¶5

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE

¶6

AND

¶7

THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU

¶8

W.P.No.3444 of 2023

¶9

Venkatesh Sowrirajan .. Petitioner

¶10

Vs.

¶11

The State of Tamil Nadu Represented by its Secretary Department of Tourism, Culture

¶12

& Religious Endowments Secretariat, Fort St. George

¶13

Chennai – 600 009.

¶14

The Commissioner Hindu Religious & Charitable Endowments Department, Nungambakkam

¶15

Chennai – 600 034.

¶16

The Joint Commissioner Hindu Religious & Charitable Endowments Department, Nagapattinam – 611 001.

¶17

The Executive Officer Shri Sowriraja Perumal Temple Thirukkannapuram Nagapattinam District 609 704.

¶18

Page 1 of 9

¶19

https://www.mhc.tn.gov.in/judis

¶20

W.P.No.3444 of 2023

¶21

The Fit Person Sri Sowriraja Perumal Temple Thirukkannapuram Nagapattinam District 609 704.

¶22

The Sowriraja Nhattacharyar Archakar Sri Sowriraja Perumal Temple Thirukkannapuram District.

¶23

The Kodhai Ammal Kattalai Represented by its Trustees Thirukkannapuram Sri Sowriraja Perumal Temple Thirukkannapuram Nagapattinam District 609 704.

¶24

The Saliperi Alankarakattalai Represented by its Trustees Shri Sowriraja Perumal Temple Thirukkannapuram Nagapattinam District 609 704.

¶25

.. Respondents

¶26

Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus,

¶27

(i) directing the fifth respondent to perform the all poojas with particular reference to Kaalasandhi and Uchikaala poojas as per Agama Sashtras & Customary practices of the Temple and further direct the respondents 2 to 4 to facilitate the same as directed by the fifth respondent of Shri Sowriraja Perumal Temple, Thirukkannapuram, Nagapattinam District;

¶28

Page 2 of 9

¶29

https://www.mhc.tn.gov.in/judis

¶30

W.P.No.3444 of 2023

¶31

(ii) directing the fifth respondent to perform the yearly and monthly birth star festival of Azhwars and Acharyas by performing each and every ritual pertaining to the said ceremony with particular reference to installation of Utsavar Idol during appropriate Thirunakshtram of Azhwars and Acharyas as per the customary practices of the Sri. Sowriraja Perumal Temple, Thirukkannapuram and further direct the fifth respondent to take necessary assistance of Thirukkannapuram Police Station during the procession of Azhwars and Acharyas to their respective shrines of Sowriraja Perumal Temple, Thirukkannapuram, Nagapattinam District;

¶32

(iii) directing the fifth respondent to appoint Maniyakarar for both Ulthurai and Velithurai enabling him to manage the poojas, rituals and processions of Shri Sowriraja Perumal Temple, Thirukkannapuram, Nagapattinam District;

¶33

(iv) directing the fifth respondent to appoint permanent Melam & Nadaswaran artists to perform services during daily poojas and processions of Sri Sowriraja Perumal Temple, Thirukkannapuram, Nagapattinam District.

¶34

For the Petitioner : Mr.Venkatesh Sowrirajan Party-in-person

¶35

For the Respondents

¶36

: Mrs.R.Anitha Special Government Pleader for R1

¶37

Mr.N.R.R.Arun Natarajan Special Government Pleader for R2 & R3

¶38

Page 3 of 9

¶39

https://www.mhc.tn.gov.in/judis

¶40

W.P.No.3444 of 2023

¶41

Mr.R.Bharanidharan for R4 & R5

¶42

Mr.T.S.Vijayaraghavan for R7

¶43

No appearance for R6 & R8

¶44

ORDER

¶45

(Made by the Hon'ble Chief Justice) We have heard Mr.Venkatesh Sowrirajan, party-in-person,

¶46

Mrs.R.Anitha, learned Special Government Pleader for the first respondent, Mr.N.R.R.Arun Natarajan, learned Special Government Pleader for the second and third respondents, Mr.R.Bharanidharan,

¶47

learned counsel for the fourth and fifth respondents, Mr.T.S.Vijayaraghavan, learned counsel for the seventh respondent.

¶48

The contention of the party-in-person is that the fifth respondent is not performing all poojas with particular reference to Kaalasandhi and Uchikaala poojas as per the Agama Sashtras & Customary practices of the Temple. He further seeks a direction against the fifth respondent to perform the yearly and monthly birth-star festival of Azhwars and Acharyas by performing each and every ritual pertaining to the said ceremony with particular reference

¶49

Page 4 of 9

¶50

https://www.mhc.tn.gov.in/judis

¶51

W.P.No.3444 of 2023

¶52

to the installation of Utsavar Idol during appropriate Thirunakshtram of Azhwars and Acharyas, as per the customary practices of the Shri. Sowriraja Perumal Temple, Thirukkannapuram.

¶53

The party-in-person also seeks a direction to the fifth respondent to appoint a Maniyakarar for both Ulthurai and Velithurai, enabling him to manage the poojas, rituals and processions of Shri. Sowriraja Perumal Temple. Directions were also sought against the fifth respondent to appoint permanent Melam & Nadaswaran artists.

¶54

According to the learned counsel for the fifth respondent, all activities are done as per the traditions and customs. As per the learned counsel for the seventh respondent, the seventh respondent is performing his part.

¶55

There would be word against word. What are the traditions and customs will have to be gone into. The Temple is under the HR & CE Department. In the light of that, the party-in-person can approach

¶56

Page 5 of 9

¶57

https://www.mhc.tn.gov.in/judis

¶58

W.P.No.3444 of 2023

¶59

the second respondent and / or the third respondent with the appropriate grievance.

¶60

According to the party-in-person, he has approached them on a number of occasions, but no cognizance has been taken by the second and third respondents.

¶61

The party-in-person may file a comprehensive complaint or representation to the second and third respondents with regard to his grievances. In case such complaint / representation is filed by the party-in-person before the second respondent and / or the third respondent, as the case may be, they shall consider the complaint on its own merits, of course after considering the say that will be filed by the respondents herein and also consider hearing all the stakeholders concerned and take a decision as expeditiously as possible, preferably within six months from the date of the representation of the party-in-person.

¶62

Page 6 of 9

¶63

https://www.mhc.tn.gov.in/judis

¶64

W.P.No.3444 of 2023

¶65

With these observations and directions, the writ petition

¶66

stands disposed of. There will be no order as to costs. Consequently, W.M.P.Nos.7661 & 7666 of 2023 are closed.

¶67

(S.V.G., CJ.) (P.D.A., J.) 04.07.2023 Index : Yes/No Neutral Citation : Yes/No

¶68

drm

¶69

Page 7 of 9

¶70

https://www.mhc.tn.gov.in/judis

¶71

W.P.No.3444 of 2023

¶72

¶73

The Secretary

¶74

The State of Tamil Nadu Department of Tourism, Culture & Religious Endowments Secretariat, Fort St. George Chennai – 600 009.

¶75

The Commissioner Hindu Religious & Charitable Endowments Department, Nungambakkam Chennai – 600 034.

¶76

The Joint Commissioner Hindu Religious & Charitable Endowments Department, Nagapattinam – 611 001.

¶77

The Executive Officer Shri Sowriraja Perumal Temple Thirukkannapuram Nagapattinam District 609 704.

¶78

Page 8 of 9

¶79

https://www.mhc.tn.gov.in/judis

¶80

W.P.No.3444 of 2023

¶81

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(drm)

W.P.No.3444 of 2023

04.07.2023

Page 9 of 9

https://www.mhc.tn.gov.in/judis

Venkatesh Sowrirajan v. The State of TamilNadu

Case brief

What is this about?

What did the court decide?

Venkatesh Sowrirajan v. The State of TamilNadu

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M.R.Viswanathan Vs The Principal Secretary to Government

M/S.Somasimara Realters (P) Vs State of Tamilnadu

M/S.Somasimara Realters (P) Vs State of Tamilnadu

S.Rama Asokan Vs The District Collector

The Real Estate Regulatory Authority Vs S.M.Syed Abdul Khader

The Assistant Commissioner Vs G.Subramani Naicker(Deceased)