LAWS(MAD)-2024-3-258

V. CHANDRASEKAR Vs. COMMISSIONER, HR&CE DEPARTMENT, CHENNAI

Decided On March 07, 2024
V. CHANDRASEKAR Appellant
V/S
Commissioner, HrAndCe Department, Chennai Respondents

JUDGEMENT

(1.) This writ petition is filed by the Advisor to Thiruppani Committee for a Mandamus, directing the respondents 1 to 3 to grant necessary permission to remove the Kalasam in the presence of the Deputy Commissioner or an officer nominated by the Commissioner and also for fixing the new kalasam, if needed, apart from granting permission to perform the Kumbabhishekam in Arulmighu Mumudi Nathar Thirukoil, Eravuseri Village, Devakottai Taluk, Sivagangai District.

(2.) Arulmighu Mumudi Nathar Temple is an ancient temple and the temple consecration was conducted in the year 1908 and thereafter, the consecration was not conducted for more than 100 years. The present Hereditary Trustee has made arrangements for conducting consecration in the year 2023, for which, Balalayam was also performed in the year 2020. However, there was a dispute between the Hereditary Trustee and Villagers. Therefore, the HR&CE Department has not granted permission for conducting Kumbabhishekam. Aggrieved over the same, the Hereditary Trustee has approached this Court by way of earlier writ petition in W.P. (MD)No.3347 of 2024. Since the HR&CE Department has rejected the request of the Hereditary Trustee for conducting Kumbabhishekam, based on a legal notice issued by an Advocate, without assigning any valid reasons, this Court, by order dtd. 15/2/2024, allowed the writ petition in W.P.(MD)No.3347 of 2024 and also permitted the Hereditary Trustee to proceed with Kumbabhishekam.

(3.) Thereafter, the Villagers along with Gurukkal have filed a review application in Rev.Aplc.(MD)No.35 of 2024 alleging that the Hereditary Trustee has not completed certain works and the date for Kumbabhishekam was also fixed on a Saturday, which according to them, is not a proper date for conducting Kumbabhishekam. Considering the rival submissions made by the counsels in the Review Application, this Court, by order dtd. 21/2/2024, has passed the following order: