P HARIKRISHNAN MANAGING TRUSTEESHIP ARULMIGHU ESWARI Vs. ASSISTANT COMMISSIONER HR & CE ADMN DEPARTMENT

JUDGEMENT

(1.) W.A.(MD) Nos.614 and 710 of 2008 are as against the order of the learned single Judge in W.P.(MD) Nos.1273 of 2006 and 8496 of 2008 dated 29.2.2008. W.P.(MD) No.1273 of 2006 was filed by the writ appellant herein who originally challenged the appointment of a fit person by the first respondent. W.P.(MD) No.8496 of 2008 against which W.A.(MD) No.710 of 2008 is filed, was filed by one Kumaresan against the present appellant and others for a Writ of Mandamus to direct the Commissioner to take over the administration of the temple. W.P.(MD) Nos.8496 of 2008 and W.P.(MD) No.1273 of 2006 were considered in a common judgment. Learned single Judge dismissed the writ petition filed by the appellant and allowed the writ petition filed by Kumaresan. Challenging the same, the above appeals have been filed. W.P.(MD) No.13865 of 2011 is at the instance of the writ appellant, seeking a Writ of Certiorarified Mandamus to quash the notice issued by the third respondent dated 23.12.2011 and the consequential resolution dated 28.11.2011 and to consequently permit the petitioner to function as Trustee of Arulmigu Easwari Bathrakaliamman Temple, Esanthangu, Agastheeswaram Taluk, Kanyakumari District.

(2.) During the pendency of the appeals, under orders of this Court, the appellant was permitted to perform the Thiru Karthigai festival. On the demise of Kumaresan, the legal representatives of the said Kumaresan filed petitions before this Court, seeking direction to the Assistant Commissioner, H.R. & C.E., to conduct the Karthigai festival. By order dated 17th November 2009, this Court directed the appellant herein to conduct the festival under the supervision of the Fit person appointed who shall collect the contribution and maintain the account for the expenses of the festival for the year 2008. By proceedings dated 23.11.2011, the Commissioner, H.R. & C.E., stated that as per the orders of this Court, the fit person shall take steps to conduct the festival and maintain law and order and that no individual shall have any right to conduct the the festival. Accordingly, the Sub Collector, Nagercoil, the third respondent, passed an order, calling upon the 4th respondent herein, the Additional Superintendent of Police and the Assistant Commissioner to discuss about the difference between the two rival groups and participate in the meeting to be held on 28.11.2011 to discuss about the arrangement to be made for the conduct of the festival and to maintain law and order. Accordingly, on a peace committee meeting held on 28.11.2011 in the presence of the Collector and other law enforcement officials, it was decided that the Executive Officer of the Muppandhal Kizhakku Arulmigu Isakkiamman Thirukoil shall be the officer in charge of administering the Bathrakaliamman Temple. Based on the decision of this Court in the pending cases, the festivals would be performed; until such time, the rival groups were directed to maintain peace. Aggrieved by this, the petitioner filed the above writ petition in W.P.(MD) No.13865 of 2011, seeking the quashing of the proceedings of the Sub Collector and the consequential resolution passed and to permit the petitioner to function as Trustee of the temple.

(3.) Learned counsel appearing for the petitioner pointed out that since the resolution related to the performance of Karthigai Deepam festival on 08.12.2011, as of today, nothing survives in this writ petition. Leaving that writ petition aside, the order of the learned single Judge dated 29.2.2008 dismissing the writ petitions in W.P.Nos.1273 of 2006 and 8498 of 2008 and the facts herein, need to be noted.