Petitioners sought a mandamus directing HR&CE authorities to perform the Adi Ammavasai festival at the foothill Sadayandi Swamy Temple. As the relief had become infructuous and O.A.No.6 of 2015 remained pending before the Joint Commissioner, the court disposed of the petition with a direction to decide that pending O.A. within six months.
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W.P.(MD).No.12986 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.12.2024
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
W.P.(MD).No.12986 of 2016 and W.M.P.(MD)No.9799 of 2016
1.M.G.Balan
2.M.G.Chellam
3.C.N.Subramani
...Petitioners
Vs
1.The Joint Commissioner, HR & CE Department,
Madurai.
2.The Executive Officer, Arulmigu Sadayandi Swamy Temple, Akkaraipaty, Having his office at Arulmigu Gopinathasamy Temple, Reddiyarchathram Post, Dindigul District.
4.A.Rajendran ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Mandamus, to direct the respondents 1 and 2 to perform the festivities and poojas for the deity
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located at the foothill Sadayandi Swamy Temple, Akkaraipatty Village, Athoor Taluk, Dindigul District on the occasion of Adi Ammavasai Festival in 2016 and coming years within the time frame stipulated by this Court.
For Petitioner : Mr.S.Rajasekar
For R-1 and R-2 : Mr.P.Subbaraj Special Government Pleader
For R-3 and R-4 : Mr.C.Mahadevan
O R D E R
Heard the learned counsels on either side.
2. The prayer sought for in the Writ Petition is to direct the respondents 1 and 2 to perform the festivities and poojas for the deity located at the foothill Sadayandi Swamy Temple, Akkaraipatty Village, Athoor Taluk, Dindigul District on the occasion of Adi Ammavasai Festival in the year 2016 and coming years.
3. It is submitted by the learned counsels appearing on either side
that for the very same issue, O.A.No.6 of 2015 had been initiated and is still pending on the file of the Joint Commissioner of HR and CE Department.
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4. It is also to be noted that in the very same O.A., an I.A had been
filed for performing Adi Ammavasai Festival for the year 2016 and the Division Bench of this Court in W.A.(MD)Nos.900 of 2015 etc., dated 30.09.2024 has held that the relief sought for in the I.A has become infructuous and it is left open to the parties to agitate their rights in O.A.No.6 of 2015 which is pending on the file of the first respondent.
5. Since the prayer sought for in the writ petition had already become infructuous and considering the fact that the O.A.No.6 of 2015 is still pending on the file of the first respondent, there shall be a direction to the first respondent to dispose of the said O.A.No.6 of 2015 within a period of six months from the date of receipt of a copy of this order.
6. With the above direction, this Writ Petition is disposed of.
There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
04.12.2024
NCC:yes/no Index:yes/no Internet:yes/no Nsr
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To:
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W.P.(MD).No.12986 of 2016
K.KUMARESH BABU, J.
Nsr
W.P.(MD).No.12986 of 2016
04.12.2024
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1 issue framed by the court
Should the respondents be directed to perform the Adi Ammavasai festival and poojas at the foothill Sadayandi Swamy Temple?
1 provisions across 1 enactments
M.G.Balan
M.G.Chellam
C.N.Subramani
The Joint Commissioner, HR & CE Department, Madurai
The Executive Officer, Arulmigu Sadayandi Swamy Temple, Akkaraipaty
Subban Chettiyar
K.Kumaresh Babu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
