The court upheld the rejection of the petitioner's request based on the interpretation of Agama Rules by Siva Shri V.Somasekara Sivacharier.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the entire records of the 2nd respondent in pursuance of their order in Letter Na.Ka.No.1197/A1 dated 15.02.2011 and quash the same and consequently, direct the respondents 1 to 3 not to interfere with the Thiruppani works of the petitioner''s Sangam for the temple.)

1. Writ petitioner is a registered Sangam bearing Regn.No.66 of 1998 registered on 23.02.1998 under the Tamilnadu Societies Registration Act 27 of 1975 by the Registrar of Societies, Chennai (South). The members of the Sangam are worshipers and devotees of Arulmighu Karunambigai Samedha Thandeeswarar @ Dhandapaneeswarer Temple. The temple is a very ancient temple.

2. The petitioner-Sangam made a representation to all the respondents herein for installation of 16 vinayagar idols inside the temple. By a letter dated 15.02.2011, 2nd respondent rejected permission for the petitioner''s sangam to install 16 Vinayagar idols inside the temple and also directed the Petitioner''s Sangam to remove Vinayagar idols which are already brought inside the temple for installation, quoting that as per the opinion of Sivachriar V. Somasekara Sivacharier, who visited the temple on 09.01.2011, as per "Agama Rules" Vinayagar idols, cannot be installed inside the temple, but the copy of the Sivachariers Opinion was never shown to the petitioner''s Sangam and hence, the writ petition has been filed for the following prayer.

"to call for the entire records of the 2nd respondent in pursuance of their order in Letter Na.Ka.No.1197/A1 dated 15.02.2011 and quash the same and consequently, direct the respondents 1 to 3 not to interfere with the Thiruppani works of the petitioner''s Sangam for the temple."

3. The counter has been filed by the 3rd respondent.

4. Heard the learned counsel appearing on either side and perused the materials available on record.

5. In the impugned order dated 18.02.2011, the respondents-HR&CE had obtained an opinion from the Siva Shri V.Somasekara Sivacharier, wherein he had opined that the installation of 16 Vinayagar Idols, are not in accordance with ''Agama Rules''. Hence, the request for installation of 16 Vinayagar idols in temple, was rejected and further, the 2nd respondent has also advised the petitioner-Sangam, to take back the 16 Vinayagar idols, voluntarily kept inside the temple. Subsequently, ''Kumbabisegam'' was completed in the year of 2017.

6. After going through the impugned order, I find that the impugned order is based upon the opinion given by the reputed Siva Shri V.Somasekara Sivacharier on 30.01.2011. In the very same impugned order, the petitioner''s Sangam was advised to take back the 16 Vinayagar idols that are kept inside the temple. Hence, I find no merits in the writ petition, in view of the above factual position.

7. The learned Government Advocate (HR&CE) could state that now, ten (10) Vinayagar idols are present. The petitioner is now permitted to take back the same.

8. With the above observations, the writ petition stands disposed of. No Costs. Consequently, connected Miscellaneous Petition, is closed.