Sanghupani v. The Tahsildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15..05..2025
CORAM
THE HONOURABLE MR. JUSTICE V. LAKSHMINARAYANAN W.P.No.18574 of 2025 and W.M.P.No.20838 of 2025 Sanghupani ..... Petitioner -Versus1.The Tahsildar, Chetpet Taluk Office, Thiruvannamalai District 606 801.
2.The Inspector of Police, Chetpet Police Station, Thiruvannamalai District 606 801.
..... Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a writ of certiorarified mandamus calling for the records pertaining to the order in Na.Ka.No.1/1767/2025 dated 09.05.2025 issued by the 1st Respondent and to quash the same and consequently direct the 1st respondent to permit and provide sufficient protection to conduct "Kovil Thiruvizha" (i.e.,) to organize the Kumbabishekam and Koolvarpu at 'Arulmigu Mariamman Temple" Arasampattu Village, Thiruvannamalai District, from 16.05.2025 to 18.05.2025. For Petitioner : Mr.S.Jim Raj Milton For Respondents : Mr.L.S.M.Hasan Fizal, Additional Government Pleader for R1 Mr.V.Mehanathan, Government Advocate (Criminal Side) for R2
ORDER
This writ petition seeks quashing of the order passed by the 1st respondentTahsildar dated 09.05.2025 in Na.Ka.No.1/1767/2025 refusing to grant permission to conduct the temple festival.
2. The petitioner states that there is a temple at Arasampattu in Thiruvannamalai District, dedicated for 'Arulmigu Mariamman'. In the temple, during the Tamil month of Chithirai, a function is celebrated every year. The said function is scheduled for this year between 16.05.2025 and 18.05.2025. There arose a dispute during the festival last year. This has resulted in the matter being referred to the 1st respondent-Tahsildar, Chetpet. The 1st respondent-Tahsildar and the Revenue Divisional Officer attempted resolution through a peace committee. As the same was not fruitful, it was decided not to hold the festival at all for this year. Hence, this writ petition seeking to quash the proceedings of the peace committee.
3. I heard Mr.S.Jim Raj Milton for the petitioner and Mr.L.S.M.Hasan Fizal for the 1st respondent and Mr.V.Mehanathan for the 2nd respondent.
4. A peace committee is not one supported either by the statute or by any statutory rules or orders in force. It is, at best, an attempt by the revenue department to mediate and settle the issues that have arisen between the parties. Hence, it has no legal validity for it to be quashed. However, on account of the decision that has been taken by the Tahsildar, the festival itself has been deferred. For those, who believe in the Almighty, deferring of the festival does not auger well. The Almighty cannot be a prisoner to the ego of those organising the festival. This Court is entirely in agreement with the views earlier expressed in G.Pandi Vs. The District Collector & Others [W.P.(MD).No.17824 of 2024 dated 30.07.2024]. Hence, the writ petition is disposed of with the following directions:
i) As the order impugned in the writ petition is not one backed by any statute, there is no necessity to set aside the same.
ii) The 1st respondent Tahsildar, Chetpet Taluk, Thiruvannamalai District, shall ensure that the festival goes on as scheduled between 16.05.2025 and 18.05.2025.
iii) The 2nd respondent - Inspector of Police, Chetpet Police Station, Thiruvannamalai District, shall afford appropriate security for the festival to be carried on.
iv) In case any persons, belonging to the village or from outside the village interfere with the festive mood in the temple, the 2nd respondent - Inspector of Police shall remove such persons from the premises. For the ego of one, the villagers as a whole cannot suffer. This writ petition is disposed of with the above directions. No costs. Consequently, connected WMP is closed.
15..05..2025 Index : yes / no : yes / no Kmk To 1.The Tahsildar, Chetpet Taluk Office, Thiruvannamalai District 606 801. 2.The Inspector of Police, Chetpet Police Station, Thiruvannamalai District 606 801.
V.LAKSHMINARAYANAN.J.
Kmk W.P.No.18574 of 2025 15..05..2025