1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated :: 01..06..2011 Coram:: THE HONOURABLE MS. JUSTICE K. SUGUNA Writ Petition (MD)No.5725 of 2011 and M.P.(MD)No.1 of 2011 Sri Kovil Vedavyasa R. Lakshmi Narashima Bhatter Swami, S/o. Vedavyasa Renganatha Bhatta Swami, Vedavyasa Bhatter Periya Thirumaligai Aathenam, No.33/131, North Uthra Street, Srirangam, Trichy - 620 006. ..... Petitioner - Vs - 1. The Commissioner, Hindu Religious and Charitable Endowment Department, Chennai. 2. The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Amma Mandapam, Trichy - 620 006. 3. The Joint Commissioner, Executive Officer, Arulmigu Aranganatha Swamy Thirukoil, Srirangam. 4. Sri. N. Sridhar, S/o. Sri. K. Narayanan, "A" Block, F-6, Chakara Garden, North Adavalanjan Street, Srirangam, Trichy - 620 006. ...... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari to call for the records of the third respondent in his proceedings in Na.Ka.No.3615/1420/D1 dated 19.05.2011 and quash the same. For Petitioner :: Mr. M. Ravi For Respondent :: Mr. T. R. Janardhanan Additional Government Pleader for R-1 & R-2 Mr. K. Govindarajan for R-3 https://hcservices.ecourts.gov.in/hcservices/ 2 O R D E R This writ petition is filed challenging an order dated 19.05.2011, by which the petitioner has been prevented from recitation of Panchangam before Lord Renganatha in Arulmigu Aranganatha Swami Thirukoil at Vishwaroopam time on the ground of attaining the age of superannuation on 31.05.2011. 2. According to the learned counsel appearing for the third respondent temple, the petitioner has taken nearly 45 minutes for recitation of Panchangam before Lord Renganatha in Arulmigu Aranganatha Swami Thirukoil at Vishwaroopam time, which causes hindrance to the devotees, consequently, he was directed to take only 3 minutes for recitation of Panchangam, for which the petitioner is not co-operating and therefore, the impugned order has been passed. Apart from this, according to the learned counsel, since the petitioner had attained the age of superannuation, the impugned order has been passed. 3. However, it is not brought to the notice of this Court that as far as the recitation of Panchangam before Lord Renganatha in Arulmigu Aranganatha Swami Thirukoil at Vishwaroopam time is concerned, it has to be done by any individual working as a servant of a temple or servant of Hindu Religious and Charitable Endowment Department. Under such circumstances, it is not the case of the third respondent temple also that on payment of monthly salary, this has been done. On the other hand, it has been done only by way of honorarium of meagre amount. Consequently, according to the learned counsel for the third respondent temple, the impugned order is well in accordance with law and as per Section 55(4) of the Tamil Nadu Hindu Religious and Charitable Endowment Act, alternative remedy is available to the petitioner to file an Appeal before the Commissioner, Hindu Religious and Charitable Endowment Department, Chennai. Without availing such alternative remedy, the petitioner has straightaway approached this Court by way of this writ petition. 4. As far as the contention of the learned counsel appearing for the third respondent temple regarding the availability of alternative remedy is concerned, even as per the decisions of Hon'ble Apex Court, when there is alternative remedy, one has to avail the same. In view of the above, without going into the merits of the case, the petitioner is directed to approach the Commissioner, Hindu Religious and Charitable Endowment Department, Chennai under Section 55(4) of the Act as pointed out by the learned counsel appearing for the third respondent or under the relevant provision within a period of two weeks from the date of receipt of a copy of this order. Till the Appeal is disposed of, the respondents are restrained from disturbing the petitioner from recitation of Panchangam before Lord Renganatha in Arulmigu Aranganatha Swami Thirukoil at Vishwaroopam time. This order is passed taking note of the fact that this is not for any remuneration. However, taking into consideration the argument advanced by the learned counsel appearing for the third respondent temple that the petitioner is taking 45 minutes for recitation of Panchangam before Lord Renganatha in Arulmigu Aranganatha Swami Thirukoil at Vishwaroopam time, which causes hindrance to the devotees, the petitioner is directed to file an Affidavit of undertaking that he will not take more than three minutes for recitation of Panchangam before Lord Renganatha and he has to complete the same within said time. https://hcservices.ecourts.gov.in/hcservices/ 3 5. With the above direction, this writ petition is disposed of. However, there will be no order as to costs. Consequently, the connected M.P.(MD)No.1 of 2011 is closed. Sd/- Assistant Registrar(P & A) /True copy/ Sub Assistant Registrar(CS) To: 1. The Commissioner, Hindu Religious and Charitable Endowment Department, Chennai. 2. The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Amma Mandapam, Trichy - 620 006. 3. The Joint Commissioner, Executive Officer, Arulmigu Aranganatha Swamy Thirukoil, Srirangam. +1. CC to M/s M.Ravi, Advocate, SR.NO.17068 +1. CC to M/s K.Govindarajan, Advocate, SR.No.17109 +1. CC to the Special Government Pleader, Sr.No.17195 Dpn/- W.P.(MD)No.5725 of 2011 and M.P.(MD)No.1 of 2011 01.06.2011 TR : 06.06.2011 : 3p/7c : IT https://hcservices.ecourts.gov.in/hcservices/