M.SUBRAMANIAN Vs. EXECUTIVE OFFICER

JUDGEMENT

(1.) The petitioner filed the present Writ Petition seeking for issuance of a Writ of Certiorari to call for the records relating to the impugned order in Na.Ka.No. 5477/2019/U2, dated 19.12.2019 on the file of the respondent and quash the same.

(2.) According to the learned counsel for the petitioner, the petitioner belongs to the Thirusuthanthirar Brahmin Community and the said community people are having privilege in the Arulmigu Subramaniya Swamy temple at Thiruchendur and also having customary rights in conducting poojas and kaingaryams. Normally, the prasatham is only boiled white rice without adding any salt. After performing poojas, the prasatham will be distributed to the devotees after adding turmeric powder and a little bit of salt (Kattisatham) as per the rites and customs of the Arulmigu Subramaniya Swamy Temple, Tiruchendur. At the time of distributing the prasatham to the devotees by the petitioner, the respondent has made an inspection and found that the petitioner is distributing the prasatham for commercial purpose and therefore passed the impugned order, in Na.Ka.No.5477/2019/U2, dated 19.12.2019, by which the respondent not only restricted the petitioner to distribute the prasatham, but also from entering into the temple, which is against the fundamental rights guaranteed under Constitution of India. Hence, the petitioner is constrained to file the present writ petition.

(3.) Mr.M.Muthu Geethaiyan, learned counsel, who takes notice for the respondent would submit that the very same issue arises very long back before this Court in W.P.(MD).No.11817 of 2018. This Court, by order, dated 01.06.2018 has given a direction to the respondents therein to regulate this type of malpractise, illegalities or irregularities. In order to give effect/implementation to the directions of this Court, the respondent had conducted an inspection on 19.12.2019 and found that this petitioner sold the prasatham to the devotees by collecting money, which is against the customs of the temple. Therefore, the respondent passed the impugned order. There is no violation of any statute or any constitutional right and hence, there is no need to interfere with the impugned order. Hence, he prays for dismissal of this writ petition.