R.Thirumurugan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.04.2022 CORAM :
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA W.P.NO.8977 OF 2022 R.Thirumurugan ... Petitioner .Vs.
1. The District Collector,
2. The Superintendent of Police,
3. The Deputy Superintendent of Police, Gingee, Villupuram District.
4. The Inspector of Police, Gingee Police Station,
5. The Joint Commissioner, The Hindu Religious and Charitable Endowment Board, Villupuram.
... Respondents PRAYER:- Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus or any other in the nature of writ, directing the respondents particularly the Deputy Superintendent of Police, Gingee, Villupuram District the 2nd and 3rd respondents herein to provide adequate police protection for the Chitra Pournami temple festival of Sri Thaduthandanathar and Thaiyal Nayagi Amman Temple at Thaiyur Village from 15.04.2022 to 17.04.2022 on the basis of the representation of the petitioner dated 03.04.2022 given to the 3rd respondent.
For Petitioner : Mr.K.Balakrishnan
For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor For Intervener : Mr.M.Gnanasekar
O R D E R
The Writ Petition has been filed to direct the the respondents particularly the Deputy Superintendent of Police, Gingee, Villupuram District the 2nd and 3rd respondents herein to provide adequate police protection for the Chitra Pournami temple festival of Sri Thaduthandanathar and Thaiyal Nayagi Amman Temple at Thaiyur Village from 15.04.2022 to 17.04.2022 on the basis of the representation of the petitioner dated 03.04.2022 given to the 3rd respondent.
2. The petition has been filed by the President of Thaiyur Village, seeking to direct the respondents 2 and 3 to provide police protection for conducting the temple festival.
3. When the matter was taken up in the Morning, Mr.M.Gnanasekar, learned counsel representing one Kuppammal, Secretary, All Women Federation sought for permission to implead and intervene in this writ petition.
4. Learned Additional Public Prosecutor submitted that Sri Thaduthandanathar and Thaiyal Nayagi Amman Temple at Thaiyur Village is a non listed temple under the control of the Hindu Religious and Charitable Endowments Department of Government of Tamil Nadu. He further submitted that there are two rival groups in the village, one headed by the petitioner and another headed by one Kuppammal, Secretary, All Women Federation. He also submitted that since, both parties claim that they have right to conduct the festival, the 3rd respondent had referred the matter to RDO for conducting peace committee meeting and if consensus is arrived between the parties, appropriate protection will be given.
5. This Court, finding that it is a matter which could be settled, suggested the counsel for both the parties to arrive at a consensus and report post lunch.
6. When the matter is taken up in the afternoon, Mr.K.Balakrishnan, learned counsel for the petitioner and Mr.M.Gnanasekar learned counsel representing for the impleaded intervener submitted that the parties have arrived at a consensus and they have also entered into the memorandum of understanding and it is agreed between them that the petitioner's party will conduct the festival on 16.04.2022 and
17.04.2022 and the intervener/Kuppammal's party will conduct the temple festival from 13.04.2022 to 15.04.2022. The learned counsel also submitted that both the parties have agreed to keep up peace and they have no objection in the other party celebrating the festival along with them. They have also filed a memorandum of understanding dated 12.04.2022 before this Court. The relevant portion of the memo is extracted hereunder :- "4. The parties namely the intervener and the writ petitioner mutually agreed to conduct the Chithra Pournami festival of Thaduthandanathar and Thaiyal Nayagi Amman Temple as Thaiyur Village on the following dates. The intervener Kuppammal, Secretary, All Woman federation, Thaiyur Village, Gingee Taluk, Villupuram District will conduct the Chithra Pournami festival of Thaduthandanathar and Thaiyal Nayagi Amman Temple as Thaiyur Village on 13.4.2022, 14.4.2022 and 15.4.2022.
4. The Writ Petitioner will conduct Chithra Pournami festival of Thaduthandanathar and Thaiyal Nayagi Amman Temple as Thaiyur Village on 16.4.2022 and 17.4.2022."
7. In view of the above, the parties are directed to approach the 4th respondent with the copy of this order and make a fresh representation and the 4th respondent will consider the representation and shall provide protection to the petitioner and the intervener as per the terms of the memorandum of understanding dated 12.04.2022.
8. Accordingly, the Writ Petition stands disposed of and the memo filed by the petitioner and the intervener, shall form part and parcel of this order. No costs.
Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar ham/rgi To 1.
The District Collector,
2.
The Superintendent of Police, 3.
The Deputy Superintendent of Police, Gingee, Villupuram District.
4.
The Inspector of Police, Gingee Police Station, 5.
The Joint Commissioner, The Hindu Religious and Charitable Endowment Board, Villupuram.
6.
The Public Prosecutor, High Court of Madras.
+1cc to Mr.M.Gnanasekar, Advocate, S.R.No.25366 W.P.NO.8977 OF 2022 PBS/13/04/2022