S.P. NARAYANAN Vs. SECRETARY TO THE GOVERNMENT

JUDGEMENT

(1.) The petitioner has filed the above writ petition as a Public Interest Litigation to issue a Writ of Mandamus to direct the respondents to open the main entrance of Rajagopuram so as to enable the devotees to have their ingress and egress through the same at Arulmigu Subramaniya Swami Thirukovil, Trichendur, Thoothukudi District before the forthcoming Thai Poosam festival, which is scheduled to be taken place on 08.02.2020 on the strength of the petitioner's representation dated 25.10.2019.

(2.) On the earlier occasion, the petitioner gave identical representation dated 02.05.2019 to the respondents and filed a writ petition in W.P.(MD)No.12671 of 2019 for the very same relief sought for in the present writ petition. The Honourable Division Bench of this Court pointed out that it is better for the Courts to keep away from all these issues which have been practiced from time immemorial and also recorded that the petitioner did not deny the fact that for several decades, the door is remained closed, however, not through out the year, but on important occasions and during the festival seasons. Further, the Honourable Division Bench also considered the report of the Vithayakartha of the temple. As rightly pointed out by the Honourable Division Bench on the earlier occasion, it is not for this Court to issue directions to the temple authorities as to when they have to open the main door and this aspect is left to the wise decision of the authorities and fit persons and any such decision should be in consultation with the second respondent, Commissioner, HR and CE Department, Chennai.

(3.) The Honourable Division Bench, on the earlier occasion, disposed of the writ petition by directing the petitioner to approach the second respondent, Commissioner, HR and CE Department, with appropriate representation which shall be considered in consultation with the fit persons and other stake holders of the temple for appropriate decision.