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Madras High CourtWP/1284/2025disposed of

A.Selvam v. The Revenue Divisional Officer(Salem District)

2025-01-27Honourable Mr Justice S. Sounthar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 27.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR W.P.No.1284 of 2025 and WMP No.1533 of 2025

1. A.Selvam

2. I.Kumaresan

3. R.Suresh ... Petitioners Vs.

1. The Revenue Divisional Officer (Salem District), Sooramangalam, Salem District, Salem 636 005.

2. The Tahsildar, Hasthampatti, Salem District 636 001.

3. The Inspector of Police, C-3, Kannankurichi Police Station, Salem District, Salem.

4. S.Murugan

5. K.Palanisamy ... Respondents Prayer: Writ petition filed under Article 226 of Constitution of India seeking for issuance of Writ of Mandamus, directing the respondents 1 to 3 to permit the petitioners and the descendants of 'Arumugha Gounder Vagiyara' to conduct 'Deva Festival' jointly during Tamil

month Maasi 2025 and 'Pachai Veithal' festival during the first day of Chittirai 2025 and on all subsequent years at Shri Ayyanaarapan and Shri Veerakaran Temple and Shri Pudavaikaaramman Temple at Yercaud Main Road, Chinna Kollapatty, near Kaliamman Kovil Bus Stop, Salem 636 008 or in the alternative, to permit each one of the 4 'Pangali' families of 'Nadu Vattathu Pangaligal' to perform the above said festivals, to administer the temple and to regular poojas for each year successively by considering and passing necessary orders on the representation of the petitioners dated 19.11.2024. For Petitioner : Mr.K.Selvaraj For Respondents : Mr.S.Balamurugan, Govt.Advocate for respondents 1 and 2 Mr.L.Baskaran, Govt.Adv. (Crl.Side) for third respondent

ORDER

This writ petition is filed seeking a direction to the respondent 1 to 3 to permit the petitioners and the descendants of 'Arumugha Gounder Vagiyara' to conduct 'Deva Festival' jointly during the Tamil month Maasi 2025; and 'Pachai Veithal' festival during the Tamil month of Chithirai 2025, by considering the petitioners' representation dated 19.11.2024.

2. It is the case of the petitioner that Arulmigu Sri Iyanarappan, Sri Veerakaragan and Sri Pudavaikari Amman kovil are situated in No.53, Ayyamperumampatti Village, Chinna Kollapatti, Yercaud Main Road, Salem District and the festivals of the said temples have been celebrated by the petitioner's family for the past 200 years, without any dispute. The right of the petitioners to conduct certain poojas have been disputed by one Murugan, who belongs to Arumuga Goundar Vagaiyara. In this regard, a civil suit was filed in O.S.No.6 of 2016 and order was obtained by the petitioners in their favour. Inspite of the same, the above mentioned persons prevented the petitioners from conducting some specific poojas for the past 8 years. Therefore, the petitioners submitted a representation dated 19.11.2024 before the respondents 1 to 3 and the same has not been considered till date and hence, the petitioners have come before this court.

3. Mr.S.Balamurugan, learned Government Advocate takes notice for the respondents 1 and 2 and Mr.L.Baskaran, learned Government Advocate (Crl.Side) takes notice for the third respondent.

4. The learned Government Advocate appearing for the respondents 1 and 2, on instructions from the second respondent, would submit that a peace committee was conducted on 01.03.2023 and a conclusion was reached among the parties only to the limited extent. Hence, there is a difficulty in considering the petitioner's representation.

5. The submission made by the learned Government Advocate appearing for the respondents 1 and 2 would go to show that peace committee meeting was conducted by the second respondent nearly two years ago. Hence, the second respondent is directed to consider the representation submitted by the petitioners dated 19.11.2024 and pass final orders on its own merits and in accordance with law, within a period of four weeks from the date of receipt of copy of the order and if necessary, the second respondent can conduct a fresh peace committee by inviting rival parties and take a decision.

6. With the above direction, this writ petition is disposed of There shall be no order as to costs. Connected miscellaneous petition is closed.

27.01.2025 (2/2) Index:Yes/No Internet:Yes/No mst To

1. The Revenue Divisional Officer (Salem District), Sooramangalam, Salem District, Salem 636 005.

2. The Tahsildar, Hasthampatti, Salem District 636 001.

3. The Inspector of Police, C-3, Kannankurichi Police Station, Salem District, Salem.

S.SOUNTHAR, J.

mst 27.01.2025 (2/2)