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Madras High CourtWP/9540/2024dismissed

V.Raja v. The District Collector

2024-04-08Honourable Dr Justice G. Jayachandran6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 08.04.2024 Coram:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN & W.M.P.No.10549 of 2024 V.Raja ... Petitioner /versus/

1. The District Collector, Krishnagiri District.

2. The District Revenue Officer, Krishnagiri District.

3. The Revenue Divisional Officer & Cum Sub-Divisional Magistrate, Krishnagiri District.

4. The Tahsildar, Uthangarai Taluk, Kallavi Police Station, Uthangarai Taluk, Krishnagiri District.

6 Duraisamy.

7. Jayaraman.

8. Ravi.

9. Thulasiamma ... Respondents Page No.1/6

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue Writ of Certiorarified Mandamus, calling for records pertaining to the impugned order .02.201, Na.Ka.No.802/202/C on the file of the 3rd respondent and quash the same and directing the 1st to 4th respondents to open the Temple for perform pooja and worship located at Aruthatiyar Colony Vennampatti Village, Uthangarai Taluk, Krishnagiri District, within the time frame. For Petitioner : Dr.A.R.Shanmugam For R1 to R5 : Mr.S.Udaya Kumar, Government Advocate

O R D E R

The petition is filed challenging the order of the Revenue Authority as a result of Peace Committee Meeting. The said proceedings of the Peace Committee Meeting is dated 10.02.2021. The dispute regarding two groups regarding maintenance of Mariamman Temple and conducting festival has led to law and order problem and to avoid disturbance to the public peace, both A & B party were called and they have decided not to precipitate the issue till the disposal of the suit in O.S.No.66 of 2020 pending on the file of Distrit Munsif Court, Uthangarai. Now, the said Peace Committee Proceedings is challenged by one of Page No.2/6

the member of A party.

2. The Learned Government Advocate (Crl.Side) appearing for the respondents 1 to 5 submit that since the suit is pending, both the groups have agreed to maintain tranquillity by not interfering in the administration of the Temple, till disposal of the suit. One of the party claims the Temple is located in their patta land. Whereas, the other party claims that the Temple was constructed by them. The right of worship and right of maintenance of the Temple has to be decided by the Civil Court, till then, the police cannot open the Temple for performing pooja and allow the devotees to worship.

3. It is a case where two groups under the guise of worshipping Goddess Mariamman are at loggerheads and causing disturbance to the peace and tranquillity of the general public. The Revenue Authorities has rightly called both the parties and had arrived at a solution in the peace committee meeting in which both the parties have agreed that they will not disturb the tranquillity till verdict in suit O.S.No.66 of 2020 is arrived.

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4. The Learned Counsel appearing for the petitioner states that the suit is still pending and the Temple is closed for more than 3 years and therefore, the Temple must be opened for the worship of the general public. The Temple is meant for providing solace and peace to the public and not to create problem and disturbance. If the opening of the Temple is going to cause disturbance to the general public, it is better that the Temple is closed and kept under lock and seal. It is a case where the Revenue Authorities has rightly taken a decision to seal the Temple to provide peace to the general public. Hence, this Court finds no reason to interfere.

5. Accordingly, this Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. 08.04.2024 Index :Yes/No.

Internet :Yes/No.

Speaking Order/Non-Speaking Order bsm.

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Copy to:

1. The District Collector, Krishnagiri District.

2. The District Revenue Officer, Krishnagiri District.

3. The Revenue Divisional Officer & Cum Sub-Divisional Magistrate, Krishnagiri District.

4. The Tahsildar, Uthangarai Taluk, Kallavi Police Station, Uthangarai Taluk, Krishnagiri District.

5. The Public Prosecutor, High Court, Madras. Page No.5/6

Dr.G.JAYACHANDRAN,J.

bsm & W.M.P.No.10549 of 2024 08.04.2024 Page No.6/6