Thai Poosam Festival Committee, Rep. by its Committee Member S. M. Manivannan v. Commissioner, Hindu Religious & Charitable Endowments Board
2012-11-19
D.HARIPARANTHAMAN
body2012
DigiLaw.ai
Judgment :- 1. The Writ petitioner is one Thai Poosam Festival Committee, represented by one S.M.Manivannan of Shop No.25, Mudis Town, Valparai, Coimbatore District. There is Arulmigu Subramaniaswamy Thirukoil, Mudis, Valparai in Coimbatore District. 2. According to the petitioner, the temple isclosed by the 3rd respondent. He has filed the writ petition seeking for a direction to the third respondent to reopen the Arulmigu Valli Devasena Sametha Subramania Swamy, the deity consecrated at the ground level sanctum sanctorum of Arulmigu Subramania Swamy Thirukoil, Mudis, Valparai, Coimbatore District, permanently for worship in addition to the Velavan deity at first floor. 3. The third respondent has filed a counter affidavit disputing the allegations made by the petitioner. The third respondent has stated that the temple is on the slope of the mountain at Mudis Village and the ground floor is a Kalyana Mandapam and the temple is situated at the upper portion in the first floor of the Kalyana Mandapam. The main deity in the temple is Velavar. It is further alleged that the petitioner threatened and priest and unauthorisedly got into the Kalyanamandapam and installed Murugan, Valli and Devasena Idols inside the room of Kalyanamandapam that is used by ladies for changing dress. 4. In view of the aforesaid facts, this Court passed an Order dated 23.08.2012, directing the Tahsildar, Valparai to enquire into the matter and give a report as to whether the petitioner installed the idols, viz., Murugan, Valli and Devasena, unilaterally by using force as alleged in the counter affidavit of the third respondent. 5. The Tahsildar, Valparai filed a report in the form of memo. Para 3 of the Tahsildar's report is extracted hereunder:- "The structure of the said temple comprising of two floors i.e. ground floor and first floor. The said temple is in the first floor and Kalyanamandapam is in the ground floor. The Kalyanamandapam is widely used by the general public and the said temple also get some reasonable income from the Kalyanamandapam. Ever since the said temple is constructed, the ground floor is being used as Kalyanamandapam by the general public of Mudis area. Being so, the writ petitioner Thiru. S.M.Manivannan, who is now installed Lord Murugan, Valli and Deivanai idols inside the Kalyanamandapam on 22.01.2012 without the knowledge and prior permission of competent authority i.e., H.R. & C.E. Department. Further the writ petitioner Thiru.
Being so, the writ petitioner Thiru. S.M.Manivannan, who is now installed Lord Murugan, Valli and Deivanai idols inside the Kalyanamandapam on 22.01.2012 without the knowledge and prior permission of competent authority i.e., H.R. & C.E. Department. Further the writ petitioner Thiru. S.M.Manivannan has not maintained any accounts properly as against the collection of donations from the merchants and general public for celebrating Thai Poosam festival." 6. From the affidavit of the third respondent and the report of the Tahsildar, Valparai, it is clear that Velavan Temple is only at first floor and the petitioner has sought to install the idols in the Kalyanamandapam on the ground floor. In the circumstances, I do not find any merit in the writ petition. Hence, the writ petition deserves to be dismissed. No costs.