1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.03.2011 CORAM: THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.(MD).No.3050 of 2011 And M.P.(MD).No. 1 of 2011 M.Manoharan : Petitioner Vs The Joint Commissioner / Executive Officer A / M Sri Aranganathaswamy Temple Additional Charge of Sri Pundarikatcha Perumal Temple Thiruvellarai, Srirengam Trichy : Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent to allow the petitioner to perform the Vazhinadai Ilagal Ubayam during the 3rd day Mandagapady scheduled to be held on 23.3.2011 at about 3.30 a.m., and also for the coming years in their Mill by allowing the deity to Sri Pundarikatcha Perumal to stay for 5 minutes in the petitioner's Mill viz. Sri Venkatesa Modern Mill situated in Old No. 356, New No. 2/452, Thuraiyur Main Road, Poonampalayam, Manachanallur, Trichy District as performed in the previous year as per order dated 17.03.1999 of the respondent. For petitioner : Mr.T.Lajapathi Roy For Respondent : Mr.K. Govindarajan O R D E R The petitioner has come forward with this Petition praying to direct the respondent to allow the petitioner to perform the Vazhinadai Ilagal Ubayam during the 3rd day Mandagapady scheduled to be held on 23.3.2011 at about 3.30 a.m., and also for the coming years in their Mill by allowing the deity to Sri Pundarikatcha Perumal to stay for 5 minutes in the petitioner's Mill viz. Sri Venkatesa Modern Mill situated in Old No. 356, New No. 2/452, Thuraiyur Main Road, Poonampalayam, Manachanallur, Trichy District as performed in the previous year as per order dated 17.03.1999 of the respondent. 2. The learned counsel appearing for the petitioner would contend that the Vazhinadai Ilagal Ubayam festival has been condcuted for more than 10 years. He would further contend that in an earlier occasion, this Court has passed an interim order, dated 01.04.2010, directing the petitioner to pay a sum of Rs.50,000/-, he will be permitted to conduct the Vazhinadai Ilagal Ubayam. He would fairly submit that the petitioner https://hcservices.ecourts.gov.in/hcservices/ 2 would abide by the same condition this year also and he has also taken demand draft for a sum of Rs.50,000/-, drawn on Indian Overseas Bank, Trichy, on 16.03.2011. Therefore, he would request the Court to allow the petitioner to perform the Vazhinadai Ilagal Ubayam during the 3rd day Mandagapady scheduled to be held on 23.3.2011. 3. On notice, the learned counsel appearing for the respondent has received the demand draft for a sum of Rs.50,000/- in open Court and he has no objection to permit the petitioner to conduct the Vazhinadai Ilagal Ubayam during the 3rd day Mandagapady scheduled to be held on 23.3.2011, but would contend that this permission will not not give any right over the property or the dispute which is concerned between the temple and the petitioner. 4. Heard both sides. 5. Both parties have agreed to abide the earlier conditions imposed in W.P.No. 4370 of 2010, dated 01.04.2010 and the petitioner has also paid a sum of Rs.50,000/- to the respondent in open Court. Therefore, this Court is inclined to permit the petitioner to conduct Vazhinadai Ilagal Ubayam during the 3rd day Mandagapady scheduled to be held on 23.3.2011. It is also made clear that this permission will not give any right over the property to the petitioner to claim any other legal right or user, it will only a limited order to conduct Vazhinadai Ilagal Ubayam during the 3rd day Mandagapady scheduled to be held on 23.3.2011. It is also made clear that the payment of Rs.50,000/- is without prejudice to the case of both parties. 6. With the above said direction, this Writ Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. No costs. SD/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To The Joint Commissioner / Executive Officer A / M Sri Aranganathaswamy Temple Additional Charge of Sri Pundarikatcha Perumal Temple Thiruvellarai, Srirengam Trichy +1 CC TO MR. T. LAJAPATHI ROY, ADVOCATE S.R NO. 7184 W.P.(MD).No.3050 of 2011 And M.P.(MD).No. 1 of 2011 21.03.2011 vsg PAM 22.03.2011/3C/2P https://hcservices.ecourts.gov.in/hcservices/