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2014 DIGILAW 3748 (MAD)

R. Thangamuthu Pillai v. Joint Commissioner, Hindu Religious & Charitable Endowment, Madurai

2014-10-10

M.VENUGOPAL

body2014
Judgment 1. The Petitioner as President and Board of Trustees of Arulmighu Pattalamman Muthiah Swamy Thirukoil, East Street, Melmangalam, Periyakulam, Theni has focussed the instant Writ of Mandamus directing the Respondents 3 to 6 to provide adequate security with police bandhobasth to the Board of Trustees for conducting the Purattasi Festival in the Arulmighu Pattalamman Muthiah Swamy Thirukoil on 13/10/2014, 14/10/2014, 15/10/2014, 16/10/2014 and 21/10/2014 with ancient customary right as per the invitation of the festival pursuant to the proceedings of the first respondent in Se.Mu.Na.Ka.No.6742/2014/E3 dated 19/8/2014, proceedings in Moo.Mu.No.6720/2014/AAa2 dated 27/8/2014 and his final proceedings in Moo.Mu.No.7918/2014/AA2 dated 24/9/2014. 2. According to the Petitioner, the petitioner temple is a scheme temple covered by the draft scheme order dated 20/8/1979 in O.A.No.8 of 1976 on the file of the Deputy Commissioner, Hindu Religious & Charitable Endowments (Administration) Department, Madurai 2 and the same was confirmed by the final order dated 13/5/1982 after due notice and enquiry and hearing of objections. 3. As per the settlement of the scheme, the petitioner Temple and its properties shall be administered by five trustees, each one to be selected by the respective members of the aforesaid five communities from Keelatheru of Melmangalam Village and no one outside is entitled or has got any right either on the temple, its properties or its affairs by any means. The petitioner is the present Board of Trustees from the aforesaid five communities has been in Management, Administration and Maintenance of the said Temple. The Board of Trustees from the aforesaid five communities alone, according to the petitioner has been continuously conducting the annual 'Purattasi Festival' every year in a very grand manner prior to and after Settlement of Scheme in 1982. 4. At this stage of hearing of the Writ Petition, the Learned Standing Counsel for the Second Respondent and the Learned Additional Government Pleader appearing for the Respondents 1, 3 to 6 fairly submitted before this Court that it would be sufficient if the Second Respondent viz., The Executive Officer, Arulmighu Moongilanai Kamatchiamman Thirukkoil, Devathanapatti, Periyakulam Taluk, Theni District is directed to conduct the Temple festival in issue by following the proceedings of the Joint Commissioner of Hindu Religious & Charitable Endowments, Madurai dated 19/8/2014. 5. 5. The Learned Additional Government Pleader appearing for the Respondents 1, 3 to 6 brings it to the notice of this Court that sufficient Police protection would be given on the request of the Executive Officer, Arulmighu Moongilanai Kamatchiamman Thirukkoil, Devathanapatti, Periyakulam Taluk, Theni District, who has been appointed as Special Officer to conduct the Festival and to maintain the Law & Order during the festival. 6. It transpires that the Second Respondent/The Executive Officer, Arulmighu Moongilanai Kamatchiamman Thirukkoil, Devathanapatti, Periyakulam Taluk, Theni District had addressed a communication to the Fifth Respondent/Inspector of Police, Devathanapatti Police Station, Periyakulam Taluk, Theni District, seeking proper Police protection for three days beginning from 13/10/2014 to 15/10/2014. 7. On a careful consideration of respective contentions and this Court on an over all assessment of the entire conspectus of the attendant facts and circumstances of the present case in an integral fashion, to prevent an aberration of Justice and to promote substantial cause of Justice, directs the Second Respondent/The Executive Officer, Arulmighu Moongilanai Kamatchiamman Thirukkoil, Devathanapatti, Periyakulam Taluk, Theni District, who has been appointed as a Special Officer to conduct the festival in issue for three days beginning from 13/10/2014 to 15/10/2014 by scrupulously adhering to the proceedings of the Joint Commissioner of Hindu Religious & Charitable Endowment Board, Madurai dated 19/8/2014. 8. With the aforesaid directions, the Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed.