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2025 DAILYLAW 21625 (MAD)

E. SHANKAR v. THE COMMISSIONER

WA/406/2025 · 2025-02-19

K Rajasekar, S M Subramaniam

Transfer Petitionbody2025

Judgment text

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W.A.No.406 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 19.02.2025 CORAM THE HON'BLE MR. JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR. JUSTICE K. RAJASEKAR Writ Appeal No.406 of 2025 E.Shankar ... Appellant Vs. 1. The Commissioner, HR & CE Department, 119, Uttamar Gandhi Salai, Nungambakkam, Chennai – 600 034. 2. The Joint Commissioner, HR & CE Department, 119, Uttamar Gandhi Salai, Nungambakkam, Chennai – 600 034. 3. The Deputy Commissioner cum the Executive Officer, Arulmighu Vadapalani Murugan Temple, Vadapalani, Chennai – 600 026. ... Respondents Writ Appeal filed under Clause 15 of Letters Patent Act, against the order dated 25.07.2024 in W.P.No.14070 of 2024. 1/6 https://www.mhc.tn.gov.in/judis W.A.No.406 of 2025 For Appellant : Mr.R.Jayaprakash For Respondents : Mr.K.Karthikeyan, Government Advocate (HR & CE) JUDGMENT (Judgment of the Court was made by S.M.SUBRAMANIAM,J.) Under assail is the order dated 25.07.2024 passed in W.P.No.14070 of 2024. 2. The writ petitioner is the appellant before this Court. The order of rejection, rejecting the petitioner seeking permission to provide “Thirukkalyana Virundhu” inside Arulmighu Vadapalani Murugan Temple compound, Vadapalani, Chennai on “Vaigasi Pushpa Pallakku and Thirukkalyanam” for the festival. 3. The relief sought for in the writ petition lost its relevance on account of the fact that the festival was already concluded on 22.05.2024. The application submitted by the petitioner was rejected by the Deputy 2/6 https://www.mhc.tn.gov.in/judis W.A.No.406 of 2025 Commissioner/Executive Officer vide proceeding dated 04.05.2024. The said proceeding came to be challenged by way of writ proceedings. 4. The learned counsel for the appellant would mainly contend that all along he was permitted to serve “Thirukkalyana Virundhu” inside the temple compound during “Vaigasi Pushpa Pallakku and Thirukkalyanam” festival. However, in the year 2024, the Executive Officer rejected permission. Under the provisions of the Act, a devotee cannot be prevented serving Annadhanam inside temple compound to the devotees. More so, Takkar has made arrangements to provide Annadhanam inside the temple, and therefore, the petitioner also must be permitted to provide “Thirukkalyana Virundhu” inside the temple compound. 5. The learned Government Advocate (HR & CE) would oppose by stating that the temple administration is maintaining Annadhanam Scheme and under the Scheme, serving Annadhanam inside the temple compound. The Commissioner, HR & CE Department approved the said resolution on 04.05.2024. Therefore, the temple administration alone is providing Annadhanam and in respect of devotees, they are not permitted to serve “Thirukkalyana Virundhu” inside the temple compound on the day of 3/6 https://www.mhc.tn.gov.in/judis W.A.No.406 of 2025 “Vaigasi Pushpa Pallakku and Thirukkalyanam” festival. 6. The affairs of the temple are to be regulated by the competent authorities under the provisions of the Act. Grant of permission to serve “Virundhu” in temple campus is to be regulated, considering various factors including number of devotees visiting temple during festival seasons and other mitigating factors. 7. In the present case, the temple took an administrative decision not to permit the devotees to serve “Thirukkalyana Virundhu” in temple campus since the temple itself is implementing Annadhanam Scheme. 8. The learned Government Advocate would submit that the devotees willing to serve “Virundhu”, may give donation under the Annadhanam Scheme. 9. The learned Single Judge has formed an opinion that the temple itself provided Annadhanam for 750 persons on 22.05.2024 by using the temple funds. The petitioner has not established any right to get any relief from the hands of this Court. Consequently, the writ appeal stands 4/6 https://www.mhc.tn.gov.in/judis W.A.No.406 of 2025 dismissed. There shall be no order as to costs. (S.M.S., J.) (K.R.S., J.) 19.02.2025 ssi Index: Yes/No Speaking Order: Yes/No Neutral Citation Case : Yes/No To: 1. The Commissioner, HR & CE Department, 119, Uttamar Gandhi Salai, Nungambakkam, Chennai – 600 034. 2. The Joint Commissioner, HR & CE Department, 119, Uttamar Gandhi Salai, Nungambakkam, Chennai – 600 034. 3. The Deputy Commissioner cum the Executive Officer, Arulmighu Vadapalani Murugan Temple, Vadapalani, Chennai – 600 026. S.M.SUBRAMANIAM., J. AND K. RAJASEKAR., J. 5/6 https://www.mhc.tn.gov.in/judis W.A.No.406 of 2025 ssi W.A.No.406 of 2025 19.02.2025 6/6 https://www.mhc.tn.gov.in/judis