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2025 DAILYLAW 16051 (MAD)

D.SURESHBABU v. THE COMMISSIONER

WP/2269/2025 · 2025-01-24

S Sounthar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.No.2269 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 24.01.2025 CORAM THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.2269 of 2025 D.Sureshbabu President, Sandigeswararseva Trust, No.40 Sakthi Nagar, Vinayagar Kovil Street, Uppillipalayam Post, Coimbatore 641015 ...Petitioner Vs. 1.The Commissioner O/o.The Commissioner, Tamil Nadu Hindu Religious And Charitable Endowment Department, Uthamar Gandhi Salai, Nungambakkam, Chennai. 2.The Joint Commissioner O/o.The Joint Commissioner, Tamil Nadu Hindu Religious And Charitable Endowment Department, Balasundaram Raod, Coimbatore. 3.The Assistant Commissioner O/o.The Assistant Commissioner, Tamil Nadu Hindu Religious And Charitable Endowment Department, Balasundaram Raod, Coimbatore. 1/7 https://www.mhc.tn.gov.in/judis W.P.No.2269 of 2025 4.The Executive Officer / Assistant Commissioner Arulmigu Pateeswarar Tirukovil, Siruvani Main Road, Perur, Coimbatore 641010. ..Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 26.12.2024 to provide equal opportunity as Tamil VelviAsiriyar to perform VelviKundamNigalvugal before and during the Kudamuzhaku of ArulmiguPatteswarar Thirukovil, Perur, Coimbatore. For Petitioner : Mr.R.Amardeep For Respondent : Mr.S.Ravichandran Additional Government Pleader (HR &CE) O R D E R The petitioner herein seeks a direction to the respondent to consider his representation dated 26.12.2024 to provide equal opportunity to him as Tamil VelviAsiriyar to perform VelviKundam Nigalvugal before and during the Kudamuzhaku of Arulmigu Patteswarar Thirukovil, Perur, Coimbatore. 2/7 https://www.mhc.tn.gov.in/judis W.P.No.2269 of 2025 2. It is the case of the petitioner that he is a person well versed with the Tamil hymns namely Devaram and performance of yagnas by using Tamil hymns. He submitted a representation before the respondents seeking permission to perform yagam during the Kumbabishegam festival of the subject temple by using Tamil hymns and the same has not been considered. Hence, the petitioner has come before this Court. 3. Mr.S.Ravichandran, learned Additional Government Pleader (HR &CE), who takes notice for the respondents 1 to 4, based on written instructions of 4th respondent in her proceedings in Na.Ka.No.22/2025/A7 dated 23.01.2025, submits that during Kumbabishegam festival of the 4th respondent temple, recitation of tamil hymns will also be permitted along with sivagama poojai. The said statement made by the learned Additional Government Pleader (HR &CE) for the respondents 1 to 4 is recorded. The written instruction of the 4th respondent in Na.Ka.No.22/2025/A7 dated 23.01.2025 is scanned and produced below:- 3/7 https://www.mhc.tn.gov.in/judis W.P.No.2269 of 2025 4/7 https://www.mhc.tn.gov.in/judis W.P.No.2269 of 2025 4. In his representation, the petitioner seeks permission of the respondents to perform yagnas by singing Tamil hymns. The issue raised by the petitioner has to be considered in the light of custom and usage of the respective temple. Therefore, without expressing any opinion on the merits of the claim made by the petitioner, 2nd respondent is directed to consider the representation of the petitioner and pass final orders on its' own merits within a period of two weeks from today after giving due opportunity to the petitioner and other persons interested in the temple. 5. With the above directions, the writ petition stands disposed of. No costs. 24.01.2025 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order Neutral Citation Case : Yes/No nr Note:Issue order copy on 28.01.2025 5/7 https://www.mhc.tn.gov.in/judis W.P.No.2269 of 2025 To 1.The Commissioner O/o.The Commissioner, Tamil Nadu Hindu Religious And Charitable Endowment Department, Uthamar Gandhi Salai, Nungambakkam, Chennai. 2.The Joint Commissioner O/o.The Joint Commissioner, Tamil Nadu Hindu Religious And Charitable Endowment Department, Balasundaram Raod, Coimbatore. 3.The Assistant Commissioner O/o.The Assistant Commissioner, Tamil Nadu Hindu Religious And Charitable Endowment Department, Balasundaram Raod, Coimbatore. 4.The Executive Officer / Assistant Commissioner Arulmigu Pateeswarar Tirukovil, Siruvani Main Road, Perur, Coimbatore 641010. 6/7 https://www.mhc.tn.gov.in/judis W.P.No.2269 of 2025 S.SOUNTHAR , J. nr W.P No.2269 of 2025 24.01.2025 7/7 https://www.mhc.tn.gov.in/judis