The authority must make a final determination on the entitlement to perform religious ceremonies, and interim orders should align with the legal process.

JUDGMENT :

(Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records relating to the impugned proceedings dated 22.01.2021 passed in I.A.No.05/2020 in O.A.No.13 of 2020 on the file of the 1st respondent and quash the same as illegal and pass such other or further orders as this Court may deem fit and proper in the facts and circumstances of the case and thus render justice.)

1. Heard Mr.V.R.Shanmuganathan, learned counsel for Mr.AL.Kannan appearing for the petitioner, Mr.K.P.Narayanakumar, the learned Special Government Pleader appearing for the first respondent and Mr.A.K.Gopalan, learned counsel appearing for the second respondent. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

2. What is under challenge in this Writ Petition is an interim order passed by the Joint Commissioner, Hindu Religious and Charitable Endowments Department, Madurai in O.A.No.13 of 2020 filed by the second respondent.

3. The Writ Petitioner is Arulmighu Meenakshi Sundareswarar Thirukoil, Madurai. In the Tamil Month of 'Thai' Thaipoosam festival is celebrated by the temple for 12 days; on the 11th day, the temple celebrates, what is known as 'Kathiraruppu festival' and on the said date, the deities visit a Mandapam in Chinthamani Village. The family of the second respondent has been performing the Mandagapadi. While so, dispute arose between the temple management and the second respondent in the year 2016.

4. The specific allegation of the temple is that the properties endowed for the said 'Kathiraruppu Mandapam', have been unlawfully alienated by the second respondent. The temple therefore, initiated proceedings under Section 78 of the Hindu Religious and Charitable Endowments (HR & CE) Act, 1959 and vide order dated 23.05.2018, in M.P.No.123 of 2017, the Joint Commissioner, HR & CE Department, Madurai, directed the second respondent, namely, Thiru.Muthurajan and one Balasubramanian to hand over the possession of the said Mandapam in question. Challenging the same, the said Muthurajan and Balasubramanian, Trustees of the second respondent Trust, filed R.P.No. 110 of 2018 before the Commissioner of HR & CE Department, Chennai and vide order dated 13.01.2020, the Revision Petition was dismissed. It appears to have become final, because no further review petition appears to have been filed by the aggrieved parties.

5. While so, a question arose in the year 2019, as to whether Muthurajan can be allowed to perform the Mandagapadi. Since the temple refused to receive his application, Thiru.Muthurajan filed W.P. (MD)No.1049 of 2019 before this Court and vide order dated 19.01.2019, this Court allowed the writ petition and permitted him to perform Kathiraruppu Mandagapadi. Questioning the same, the temple filed W.A.(MD)No.83 of 2019. After extracting an undertaking from Thiru.Muthurajan, that he will not lay any claim on the Mandapam, the order passed by this Court was sustained by the Hon'ble Division Bench of this Court. The same question again arose in the year 2020 and the said Muthurajan, filed W.P.(MD)No.2252 of 2020, seeking a direction for directing the Temple Authorities to permit him to perform the Kathiraruppu Mandagapadi ceremonya and vide order dated 06.02.2020, the Writ petition was disposed of as under:

“11.In the light of the above circumstances, the following order is passed:

(1) As it is expected that the Arulmighu Meenakshi and Sundareswarar should arrive at the Mandapam at Chinthamani for the 'Kathir Aruppu Mandagapadi' tomorrow after-noon ie.,at about 1.00 p.m. on 7.2.2020, the Petitioner is permitted to go to the said Mandapam, offer his worship like any other worshipper, after the deity is placed in the Mandapam. However, the Petitioner is directed to be in the Mandapam not beyond 30 minutes, after the deity is placed in the said Mandapam at Chintamani;

(2) It is made clear the the First Respect(Muthal Mariya