P.Prabhakar Vs the Commissioner

Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus directing the respondent to take action in pursuance of the representation of the petitioner, dated 06.01.2025 to fix a date for the maiden run of the temple chariot during the Tamil month of Thai 2025 (ij khjk; 2025).

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For Petitioner : Mr.V.Raghavachari, Senior Counsel, for M/s.S.Nivashini

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For Respondents : Mr.K.Karthikeyan, Government Advocate (HR & CE), for RR-1 to 3 : Mr.K.J.Shiva Arudhra, for R4

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: Mr.M.Santhanaraman, for R5

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ORDER

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This Writ Petition is filed for a mandamus directing the official

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respondents to take action pursuant to the representation of the petitioner,

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dated 06.01.2025 to fix a date for the maiden run of the temple chariot

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during the Tamil month of Thai 2025.

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The grievance of the petitioner is that the petitioner and the other

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villagers had donated funds and they made a new chariot for the purpose of

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the Arulmigu Subramaniya Swamy temple in Vendakottai village, Pattukottai taluk. The trial run is not made by the respondents and the

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chariot is yet to be approved. Therefore, the petitioner is before this Court.

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Heard Mr.V.Raghavachari , learned Senior Counsel for the petitioner

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and Mr.K.Karthikeyan , learned Government Advocate (HR & CE) for the

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respondent Nos.1 to 3, Mr.K.J.Shiva Arudhra , learned Counsel for the fourth https://www.mhc.tn.gov.in/judis

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respondent and Mr.M.Santhanaraman , learned Counsel for the fifth respondent.

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The learned Senior Counsel for the petitioner would submit that the

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only ground, on which, the entire process is stalled is that the roads are not

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made ready. The roads are made ready even with reference to two streets

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which are pointed out, the devotees themselves are indulging in the action of

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widening the road and they will fill it with appropriate stones and other

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sturdy material so as to bear the weight of the chariot and will make it ready

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in such a manner that the chariot will run in all the streets in the usual route.

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Steps will also be taken to ensure safety of the chariot, deity and the

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devotees who will be drawing the chariot. Therefore, he requests that a trial

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run be made.

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The learned Government Advocate for HR & CE Department

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would submit that only because of the road width, there is a difficulty. The

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entire road has to be made ready so as to bear the weight of both the wheels

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of the chariot which include appropriate width for the chariot to run. The

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department will inspect and make the trial run possible.

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The learned Counsel for the Executive Officer would submit that

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there is a procedure and the road width is not at all enough considering the

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size of the chariot. Further, his view should also be considered while

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making the trial run.

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The learned Counsel for the newly impleaded fifth respondent

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would submit that certain allegations were made behind his back in the

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affidavit. He would further submit that it is not as if the petitioner himself

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has donated the entire chariot, but, everybody has participated. Nobody

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should be prevented in the trial run or in the festival, merely because the new

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chariot is donated. In fact, he is also appointed as a Non-hereditary Trustee

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for the current term.

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In reply thereof, the learned Counsel for the petitioner denies the

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factual position and says that the entire temple is now administered only by

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the Executive Officer. The Executive Officer is also present before this

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Court.

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I have considered the submissions made on either side and perused

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the material records of the case.

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In this matter, the Court is certainly not concerned with the

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Hereditary Trusteeship or the rival claims that are made with reference to the

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trusteeship. The only question that is considered is that when the petitioner,

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along with all the villagers, have made ready the new chariot, whether that

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can be utilised for the temple or not.

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The objection that is made on behalf of the official respondents is

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that in two places, the street is narrower and the chariot which is now made

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in the large size, is not usable. The chariot is already made ready from the donations of the petitioner as well as the other persons. Therefore, every effort can be made to see if the chariot can be used. That can be known only

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if the trial run is made. For the purpose of trial run, the devotees are now undertaking before this Court that wherever the road is narrower, they take steps to increase the road width and fill it up with concrete material so that

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the wheel is running on proper sturdy earth that will not in any manner hamper the run of the chariot. The additional weight which will be added in the form of deity and other toppings including flower decorations etc., will also be kept in mind and it will be checked whether the road would carry the chariot. Therefore, the matter stands resolved by the following directions:-

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(i) Within one week from the date of receipt/production of a web-copy of this order without waiting for a certified copy of this order, the Executive

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Officer can fix a date for the trial run. On that date, along with the Executive Officer, the Assistant Commissioner, HR & CE Department and

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the Revenue Divisional Officer, Pattukottai or any other subordinate official

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nominated by him, and one official from TANGEDCO shall also be present;

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(ii) Before starting the trial run, the petitioner, the fifth respondent and

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all the devotees, shall also go around the route once and check whether any

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electrical line which will be coming in the way and in what way that can be maneuvered with;

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(iii) Whether all the road margins have been duly filled up by using

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the proper material and upon ensuring the same, the trial run shall be started

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and if the chariot is run smoothly in the trial run, then, appropriate approval

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can be granted by the HR & CE authorities and the chariot will be marked as a duly approved chariot so that it can be used in the ensuing festivals appropriately;

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(iv) The petitioner and the other devotees themselves made an

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undertaking before this Court that they will take immediate steps to fill up

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the road margins with appropriate material including M-sand, stones, gravel

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etc., as the case may be and that they will ensure that the earth is strong and

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