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2015 DIGILAW 2002 (MAD)

M. Rengaramanujam v. Deputy Commissioner, Madurai District

2015-04-24

R.MAHADEVAN

body2015
JUDGMENT : 1. The petitioner seeks for a Mandamus directing the respondent to allow the petitioner to perform Mandagapadi to Lord Kallalagar during the auspicious Chitrai Festival at Nacharammal Mandagapadi, Alwarpuram, Madurai, as per the judgment and decree passed in O.S.No.169 of 1948 on the file of the Subordinate Judge, Madurai dated 30.09.1949 and O.S.No.768 of 1993 on the file of the Additional District Munsif, Madurai, dated 07.02.2001. 2. Learned counsel for the petitioner submitted before this Court that the petitioner being the trustee of Sri Soundaraja Perumal Chitra Festival Tirukan Mandakapadi, having the object of performing the Mandakapadi to Lord Kallalagar during the Chitrai Function. As per the said Trust Deed, the petitioner's mother Late Nacharammal had the legal claim to be the trustee. Subsequently, when dispute arose between Nacharammal and Kuppusamy Naidu, who claimed to be the adopted son of Muthalagar, a civil suit was filed by Nacharammal against the said Kuppusamy Naidu in O.S.No.169 of 1948 on the file of the Subordinate Court, Madurai, and the same was also decreed in favour of the said Nacharammal, on 30.09.1949 and as against the judgment, an appeal in A.S.No.317 of 1949 filed before the District Court, Madurai, was also dismissed by judgment and decree dated 21.12.1950. Thereafter, the said Nacharammal was performing the obligation of the Trust to Lord Kallalagar during the auspicious occasion of Chitrai Festival from 1950 without any interruption. Subsequently, one another suit was also filed in O.S.No.768 of 1993 by Dhanalakshmi Ammal, against Muthalagar Naidu S/o. Kuppusamy Naidu. The said suit was also decreed by judgment and decree dated 07.02.2001, as a result, the petitioner's family has been performing the Mandakapadi for the past 65 years, without any interruption from any quarters, while so, all of a sudden, the respondent namely, Deputy Commissioner/Executive Officer, Arulmigu Kallalagar Thirukovil, Alagarkovil, Madurai District, on receiving an application filed under the Right to Information Act, issued a notice dated 26/03/2014 to the petitioner calling upon him to attend an enquiry. Accepting the said notice, the petitioner also appeared for enquiry on 07/04/2014, however, the respondent was not able to conduct the enquiry, as a result, the enquiry was adjourned to 10/04/2014. Although the petitioner appeared before the respondent on 16/04/2014 and submitted a detailed explanation, the matter was adjourned to 21/04/2014. Thereafter, no further date has been given and no order has been passed. Although the petitioner appeared before the respondent on 16/04/2014 and submitted a detailed explanation, the matter was adjourned to 21/04/2014. Thereafter, no further date has been given and no order has been passed. In the meanwhile, when the petitioner had been making all arrangements to receive Lord Kallalagar at his Mandakapadi, for the year 2014, the respondent has not come forward to receive the Mandakapadi charges. When the petitioner approached the respondent to receive the Mandakapadi charges, as it was done in the past years, the respondent refused to receive the same. Apprehending denial of Lord Kallagar's visit to the petitioner's Mandakapadi, in view of non-payment of Mandakapadi charges, the petitioner has come to this Court. 3. Adding further, Mr. K.K. Senthivelan, learned counsel for the petitioner submitted that when the petitioner's family has filed a civil Suit in O.S.No.169 of 1948 against Kuppusamy Naidu and others, obtained a judgment and decree in their favour and also in one another judgment in O.S.No.768 of 1993 dated 07/02/2001, on the basis of a false application received under the Right to Information Act, from a person, without even disclosing a copy of the complaint to the petitioner, it is not open to the respondent to deny the legal right accrued to the petitioner in the above mentioned judgments to perform Mandakapadi. On this basis, he prayed for a direction to the respondent to receive the Mandakpadi charges. 4. Mr. S. Manohar, Learned Counsel for the respondent by heavily opposing the prayer submitted before this Court that the petitioner having started a Trust, gradually alienated the property, without getting proper permission from the competent authorities, as a result, the respondent after receiving a complaint, under the RTI Act, to find out the correctness of the complaint, called for an explanation by issuing a notice dated 26.03.2014 to the petitioner. Subsequently, the petitioner also filed his detailed explanation on 21.04.2014, admitting alienation of the property of the Trust. In view of that, actions are being taken. In the meanwhile, granting permission to the petitioner to perform Mandakapadi is not palatable. 5. Subsequently, the petitioner also filed his detailed explanation on 21.04.2014, admitting alienation of the property of the Trust. In view of that, actions are being taken. In the meanwhile, granting permission to the petitioner to perform Mandakapadi is not palatable. 5. But this Court being satisfied with the prima facie case made out by the petitioner, on the basis of the judgments made in the civil suits in O.S.No.169 of 1948 and O.S.No.768 of 1993, is of the considered view that the petitioner's right to perform Mandakapadi that has been crystalized in the above mentioned judgments, can not be denied or curtailed without there being any written order from the respondent. 6. In view of the above, the respondent/Deputy Commissioner/Executive Officer, Arulmigu Kallalagar Thirukovil, Alagarkovil, Madurai District, is directed to receive the Mandakapadi fees from the petitioner for the year 2015 and thereupon permit the petitioner to perform Mandakapadi during the arrival and return of Lord Kallalagar on 14.05.2015 at about 06.00 A.M., at Nacharramal Mandakapadi, Alwarpuram, Madurai. It is always open to the respondent to take appropriate action with regard to alienation of the property in the manner known to law. 7. With the above directions, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.