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2024 Supreme(Online)(MAD) 17068

HIGH COURT OF MADRAS
Honourable Mr Justice M.DHANDAPANI
THALAYANALLUR SHRI PONKALIAMMAN KUDIPATTU – Appellant
Versus
THE COMMISSIONER – Respondent



Administrative bodies must promptly consider applications related to cultural and religious events to ensure community practices are upheld.

Headnote:

Writ - Mandamus - Hindu Religious and Charitable Endowments - Erection of Pandal - The court directs consideration of a petition for permission to erect a Pandal for a temple festival and highlights the procedural aspects of administrative approvals.

Fact of the Case:

The petitioner filed a Writ Petition for a Mandamus to allow the erection of a Pandal and installation of loudspeakers for a temple festival, after the respondents failed to act on a representation submitted previously.

Issues: Whether the petitioner is entitled to a Mandamus directing the respondents to grant permission for the erection of a Pandal and installation of loudspeakers for a temple festival.

Ratio Decidendi: The court emphasized that administrative authorities must process requests in a timely manner, especially concerning culturally significant events, while not delving into the merits of the case.

Final Decision: The Writ Petition is disposed of with directions to consider the petitioner’s representation.

ORDER

This Writ Petition has been filed seeking for a Writ of Mandamus, to direct the respondents 2 and 3 to act upon the representation of the petitioner dated 12.07.2024 and consequently grant permission for the erection of PANDHAL and loudspeakers for the festival of the Pongaliamman temple situated at Thalayanallur, Sivagiri, Kodumudi Taluk, Erode District scheduled to be held on 11.08.2024.

2. Mr.K.Karthikeyan, learned Government Advocate accepts notice on behalf of the respondents. In view of the consent expressed by the learned counsel appearing for the parties, this petition is taken up for final disposal.

3. The case of the petitioner is that, Sri Pongaliamman Temple, located in Thalayanallur, Sivagiri, Kodumudi Taluk, Erode District, is a denomination temple with a history dating back to the 11th Century, commissioned by King Kilangan and administered by the Vettuva Gounder community since its inception. Over time, devotees from various denominations have also workshipped at the temple and continue to observe traditional rituals and festivities, particularly the ''Urani Pondal'' festival, which is scheduled to be held this year on 11.08.2024. The said temple has been under the administration of the Hindu Religious and Charitable Endowments Department (HR & CE) since 20.03.1976. During the Urani Pongal festival, it is customary to erect a “PANDAL” and decorate the same with banana trees and install loudspeakers to play devotional songs so as to create a vibrant and celebratory atmosphere integral to the festival. Therefore, in order to ensure these traditions are upheld, the petitioner submitted a representation dated 12.07.2024 to the respondents 2 and 3 seeking permission to erect the PANDAL, decorate it and install loudspeakers. Since the respondents 2 and 3 have not taken any steps, the petitioner has filed the above writ petition before this court for appropriate orders.

4. Though very many grounds have been raised in the above writ petition, learned counsel for the petitioner submits that, it would suffice, if this Court issues a direction to the 3rd respondent to grant permission to the petitioner to erect PANDHAL, decorate it and install loudspeakers, for which, the petitioner will not claim any customary rights or pooja rights or any other rights.

5. Learned Government Advocate appearing for the respondents submitted that the petitioner's representation dated 12.07.2024 seeking permission for erecting PANDHAL, decorate it and installing loudspeakers will be considered and if there is no issue, the petitioner will be allowed to erect PANDHAL, decorate it and install loudspeakers for conducting the Urani Pongal.

6. Considering the limited request sought for by the petitioner, this court, without going into the merits of the case, directs the 3rd respondent to consider the petitioner's representation dated 12.07.2024 seeking permission to erect the PANDHAL and decoration and pass appropriate orders on or before 10.08.2024.

7. With the above direction, this Writ Petition is disposed of. No costs.

08.08.2024 Index : Yes / No Speaking order / Non-speaking order Neutral Citation Case : Yes / No sp Note: Issue order copy on 09.08.2024.

To

1.The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai – 600 034.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments, Dr.Balasundaram Road, Coimbatore.

3.The Executive Officer, Sri Ponkaliamman Koil, Thalayanallur, Erode District – 638 109.

4.The Public Prosecutor, Madras High Court.

M.DHANDAPANI, J.

sp

08.08.2024

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