Chinnaraji v. Nataraj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.06.2024 CORAM :

THE HON'BLE MR.R.MAHADEVAN, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ Chinnaraji .. Appellant Vs 1.Nataraj 2.The District Collector, Dharmapuri District, Dharmapuri.

3.The Revenue Divisional Officer Cum Sub Divisional Administrative Magistrate, Dharmapuri.

4.The Tahsildar, Pennagaram Taluk, Dharmapuri District.

5.The Assistant Commissioner, Hindu Religious and Charitable Endowments Board, Dharmapuri.

6.The Inspector of Police, Papparapatti Police Station, Dharmapuri District.

.. Respondents Prayer: Appeal under Clause 15 of the Letters Patent against the order dated 24.5.2024 passed by the learned Single Judge in W.P.No.14240 of 2024.

For the Appellant : Mr.T.Ganesan For the Respondents : Mr.M.Habeeb Rahman Government Advocate for respondent Nos.2 to 4 : Mr.N.R.R.Arun Natarajan Spl. G.P. (HR & CE) for respondent No.5 : Mr.R.Muniyapparaj Addl. Public Prosecutor for respondent No.6

JUDGMENT

(Judgment of the Court was made by the Hon'ble Acting Chief Justice) Challenging the impugned order of the learned Single Judge dated 24.5.2024 passed in W.P.No.14240 of 2024, the appellant, who is the sixth respondent in the writ petition, has filed the present writ appeal.

2. The first respondent herein has filed the writ petition challenging the Peace Committee proceedings dated 13.5.2024 of the Revenue Divisional Officer-cum-Sub Divisional Administrative Magistrate, Dharmapuri and to direct the Revenue Divisional Officer, Dharmapuri and the Tahsildar, Pennagaram Taluk to permit the first respondent herein to conduct the temple festival of Mariamman and Muniappan temple situated at Malaiyur Village, Pennagaram Taluk, Dharmapuri District from 3.6.2024 to 5.6.2024 with the assistance of the Assistant Commissioner, HR & CE Board, Dharmapuri and the Inspector of Police, Papparapatti Police Station.

3. Learned Single Judge, while disposing of the writ petition, directed the Police Department to provide adequate reinforcement so that the temple festival could be conducted without any law and order problem. Learned Single Judge has also observed that since the temple attracts a sizeable number of devotees, the same may be taken over by the HR & CE Department in order to conduct temple festivals in proper manner in future. Aggrieved by the order of the learned Single Judge, the appellant has filed the present writ appeal.

4. Assailing the order passed by the learned Single Judge, learned counsel for the appellant submitted that the third respondent has categorically recorded that the appellant and the first respondent herein may conduct the festival, but the learned Single Judge has failed to consider the said aspect. It is further averred that the first respondent in cahoots with respondents 2 to 6 are attempting to swindle the temple funds.

5. On the other hand, learned Special Government Pleader (HR & CE), on instructions, submitted that the festival is going on peacefully with the aid and assistance rendered by the HR & CE officials and the police personnel and today is the last day of the festival. He would submit that the learned Single Judge has directed the Police Department to provide adequate police protection and also directed that the temple festival should be conducted without any law and order problem. So far, no law and order problem is reported in conducting the temple festival.

7. On a perusal of the order passed by the learned Single Judge,

we find that a direction was issued to the competent authorities to take necessary precautionary measures while conducting the temple festival and the Police Department was directed to provide adequate police protection for the smooth conduct of the temple festival. The temple festival is scheduled between 3.6.2024 and 5.6.2024 and today is the last day of the festival. The submission of learned Special Government Pleader (HR & CE) that no law and order problem is reported till date is not disputed by learned counsel for the appellant. We, therefore, find no reason to interfere with the conclusion arrived at by the learned Single Judge.

8. The writ appeal is, accordingly, dismissed. There shall be no order as to costs. Consequently, C.M.P.No.11552 of 2024 is closed. (R.M.D., ACJ.) (M.S.Q., J.) 05.06.2024 Index :

Yes/No NC :

Yes/No bbr

To:

1.The District Collector, Dharmapuri District, Dharmapuri.

2.The Revenue Divisional Officer Cum Sub Divisional Administrative Magistrate, Dharmapuri.

3.The Tahsildar, Pennagaram Taluk, Dharmapuri District.

4.The Assistant Commissioner, Hindu Religious and Charitable Endowments Board, Dharmapuri.

5.The Inspector of Police, Papparapatti Police Station, Dharmapuri District.

THE HON'BLE ACTING CHIEF JUSTICE AND MOHAMMED SHAFFIQ,J.

bbr 05.06.2024