Arulmigu Soleswarar Swamy Alagarayaperumal v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 30/6/2022 C O R A M THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR Writ Petition No.16439 of 2022 Arulmigu Soleswarar Swamy Alagarayaperumal Sellandiamman Temple rep. By its Trustee Mr.Venkatachalam Mallsamudram East Village Thiruchengode Taluk ...
Petitioner Vs
1. The Commissioner Hindu Religious & Charitable Endowment Administration Department Uttamar Gandhi Salai Nungambakkam Chennai 600 034.
2. The Joint Commissioner Office of the Hindu Religious & Charitable Endowment Erode 1.
3. The District Collector Page No:1/6
4. The Revenue Divisional Officer Tiruchengodu Taluk
5. The Superintendent of Police Office of Superintendent of Police
6. The Deputy Superintendent of Police Office of Superintendent of Police Thiruchengode ...
Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the respondents to facilitate and provide the adequate Police protection for the Temple car festival scheduled from 4/7/2022 to 12/7/2022 for Arulmighu Soleswarar Swamy Alagarayaperumal Sellandiamman Temple, Thiruchengode, Namakkal District scheduled to be conducted by virtue of order passed by Joint Commissioner, HR & CE Department, vide Na.Ka.No.3062/2022/A4 dated 11/5/2022. For Petitioner ...
Mr.P.G.Thiyagu For Respondents ...
Mr.S.Yashwanth Additional Government Pleader (HR & CE) for R.R.1 and 2.
Mr.A.Gokulakrishnan Additional Public Prosecutor for R.R.3 to 7 Mr.N.Manokaran for Mr.S.Sathish Kumar Mr.D.Murali Mr.T.Subramani and Mr.S.Jawahar (B parties in RDO Proceedings) Page No:2/6
O R D E R This writ petition has been filed to direct the respondents to facilitate and provide adequate Police protection for the Temple car festival scheduled from 4/7/2022 to 12/7/2022 for Arulmighu Soleswarar Swamy Alagarayaperumal Sellandiamman Temple, Thiruchengode, Namakkal District, scheduled to be conducted by virtue of the order passed by Joint Commissioner, HR & CE Department, vide Na.Ka.No.3062/2022/A4, dated 11/5/2022.
2. Heard Mr.N. Manokaran, learned counsel for the petitioner, Mr.S.Yashwanth, learned Additional Government Pleader (HR & CE) for the respondents 1 and 2 and Mr.A.Gokulakrishnan, learned Additional Public Prosecutor for the respondents 3 to 7.
3. The learned counsel appearing for the petitioner submitted that they are the present Trustees of the temple. Hence they have the right to conduct the festival.
4. Mr.N.Manokaran, learned counsel appearing for the persons who were arrayed as "B" parties, in the Proceedings of Revenue Divisional Officer, Page No:3/6
viz., M/s. Seshadri, Sathish Kumar, Murali, Subramani and Jawahar, submitted that the dispute is between three groups and various Communities are also involved. Therefore, without making them as a party, Police protection cannot be ordered.
5. Mr.S.Yashwanth, learned Additional Public Prosecutor (HR & CE) submitted that they have already passed an order permitting the petitioner to conduct the festival.
6. Now, it is brought to the notice of this Court that as the report of the Inspector of Police apprehends Law & Order problem, the Revenue Divisional Officer issued notice to both sides, vide letter No.NA.01/2022/C, dated 29/6/2022, to conduct enquiry, particularly in the form of Peace Committee. Summons was issued for appearance of both sides, on 1/7/2022 before the Revenue Divisional Officer.
7. When the Police themselves apprehending Law & Order problem, this Court cannot direct the Police to give a protection, unless the rights of the parties finally decided in the competent Civil Court or some other form. Page No:4/6
8. In such a view of the matter, both sides are directed to appear before the Revenue Divisional Officer and in the Peace Committee Meeting, if any decision is arrived, the Police shall take a decision, providing Police protection, considering the ground reality in the area.
9. With the above direction, this writ petition is disposed of. No costs. 30/6/2022 mvs.
Index: Yes/No Internet: Yes Speaking/Non-speaking order Page No:5/6
N.SATHISH KUMAR,J mvs.
To
1. The Commissioner Hindu Religious & Charitable Endowment Administration Department Uttamar Gandhi Salai Nungambakkam Chennai 600 034.
2. The Joint Commissioner Office of the Hindu Religious & Charitable Endowment Erode 1.
3. The District Collector
4. The Revenue Divisional Officer Tiruchengodu Taluk
5. The Superintendent of Police Office of Superintendent of Police
6. The Deputy Superintendent of Police Office of Superintendent of Police Thiruchengode W.P. No.16439 of 2022 30/6/2022 Page No:6/6