R. Muthaiah Founder Trustee Arul Migu Senthatti Ayyanar Muthaiah Swamy Thirukovil Kula Theivamaga Valipaduvoor Arakattalai Virudhunagar v. District Collector, Virudhunagar
2015-02-09
B.RAJENDRAN
body2015
DigiLaw.ai
Judgment :- 1. The issue involved in both the Writ Petitions are one and the same and therefore, a common order is passed. 2. Both the Writ Petitions have been filed for Writ of Certiorarified Mandamus, challenging the impugned orders in A1/Pa.V32/2014, dated 17.11.2014 passed by the 2nd respondent and quash the same as null and void and thereby, directing the respondents 1 to 3, to permit this petitioners to administer the management of Sendatti Ayyan Temple in Valayapatti Village, a Hemlet of Keelanmarainadu in Sivakasi Taluk in Virudhunagar District. 3. Heard the learned counsel appearing on either side and perused the materials available on record. 4. The writ petitioner in W.P.(MD)No.19962 of 2014 would contend that earlier orders governs the issue. 5. Be that as it may, the petitioner in W.P.No.19724 of 2014 also would fairly submit that their only purpose is the temple should be opened and functions should be conducted and they are willing to co-operate and participate in the festival. He would further submit that in so far as title and management and other rights of the Temple are concerned, he will abide the order of civil Court. 6. It is brought to the notice of this Court that in respect of the very same Temple, there is already a civil Suit is pending In that view of the matter, suffice it to say that the Temple need not be closed. The authorities concern will open the Temple in question and that the Deputy Commissioner, Hindu Religious and Charitable Endowment Board, Virudhunagr District, is directed to authorize the persons to conduct the festival and poojas of the Temple, which will be regularly conducted. It is also made very clear that the petitioner in W.P.No.19724 of 2014 will abide by any orders of the HR&CE Department and then co-operate with the smooth functioning of the festival. The ultimate right with regard to the Management and other rights of the Temple, will be decided by the civil Court only. Till then all the parties will cooperate for the smooth conduct of the Temple Festival. 7. The Writ Petitions are disposed of only on the undertaking given by both the writ petitioners that they will maintain law and order and conduct the Temple Festival in a smooth manner. No costs. Consequently, connected miscellaneous petitions are closed.