B.Subramaniyan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.08.2025

CORAM:

THE HON'BLE MR.JUSTICE N. SATHISH KUMAR and W.M.P.Nos.34931 & 34933 of 2025 B.Subramaniyan ... Petitioner Vs.

1. The District Collector, Kallakurichi District, Kallakurichi.

2. The Revenue Divisional Officer, Collectorate Office, Kallakurichi.

3. The Tahsildar, Taluk Office, Sankarapuram Taluk Office, Kallakurichi.

4. The Inspector of Police, Sangarapuram Police Station, Sangarapuram Taluk, Kallakurichi District.

... Respondents PRAYER : Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus or may other appropriate writ order or direction in the nature of writ, calling for the entire records and in respect of the order passed by the second respondent in Na.Ka.No.A3/2161/2025 dated 04.08.2025 and quash the conditions imposed in clause 1, 3, 6 and consequently direct the second and third respondents to ensure safety and security to conduct Arulmigu Sri 1/6

Mariyamman Kovil Celebrations smoothly at Arasampattu Village, Sankarapuram Taluk, Kallakurichi District which will be held upto 25.08.2025.

For Petitioner : Mr.D.Rajagopal For Respondent : Mr.K.M.D.Muhilan Additional Public Prosecutor

O R D E R

The Writ Petition has been filed seeking to quash the order passed by the second respondent in Na.Ka.No.A3/2161/2025 dated 04.08.2025, in respect of conducting the festival at Arulmigu Sri Mariyamman Kovil at Arasampattu Village, Sankarapuram Taluk, Kallakurichi District, and for a consequential direction to ensure safety and security for the smooth conduct of the festival.

2. Heard the learned counsels appearing for both 'A' and 'B' party of the said village and the learned Additional Public Prosecutor appearing for the respondents.

3. It is seen that based on the order passed by this Court in W.P.No.28390 of 2025, dated 30.07.2025, filed by one M.Karunanithi of 2/6

Arasampattu Village, Kallakurichi District, seeking a direction to the 2nd and 3rd respondents to ensure safety and security for the smooth functioning of the temple festival at Arulmigu Sri Mariyamman Kovil at Arasampattu Village, in line with the proceedings of the first respondent dated 13.06.2025, the second respondent has passed the impugned order imposing six conditions for conducting the festival.

4. It is the contention of the learned counsel for the petitioner that though the petitioner and his men are agreeable to certain conditions, with respect to conditions 1, 3 and 6 which pertain to the prohibition of procession, playing of drums, conduct of any cultural events and recitation of Mahabharatham, they are not agreeable. Hence, the present petition has been filed challenging the same.

5. Mr.Manoharan, the learned counsel appearing for one M.Karunanithi of Arasampattu Village, Kallakurichi District, who was denoted as 'B' party in the village submitted that the petitioner and his men, who were denoted as the 'A' Party did not appear before the second respondent and they have not accepted the committee formed by the second respondent consisting of members from 12 wards. 3/6

6. It is the grievance of the petitioner that though the second respondent has passed an order, the 'B' party, which consists of members having political influence in the village, has invited political leaders to the festival, which may lead to law and order problems and disturb the peace in the village.

7. Both the learned counsels appearing for 'A' and 'B' party of the village submitted that they have no objection to the second respondent constituting a committee and to such committee conducting the festival.

8. Accordingly, the second respondent is directed to constitute a committee consisting of members from all the 12 wards of the village, ensuring that one person from each ward is selected. It shall further be ensured that the members so selected do not belong to any political party. It is also made clear that there shall not be any discrimination on the basis of caste, race or religion and all the communities in the village shall be permitted to participate in the festival. The said committee shall take a decision regarding the manner in which the festival is to be conducted and such decision shall be final and no one shall question the same. 4/6

9. The second respondent is directed to constitute the committee in the above terms and pass appropriate orders within a period of 3 days from the date of this order.

10.

With the above direction, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 19.08.2025 ham Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1. The District Collector, Kallakurichi District, Kallakurichi.

2. The Revenue Divisional Officer, Collectorate Office, Kallakurichi.

3. The Tahsildar, Taluk Office, Sankarapuram Taluk Office, Kallakurichi.

4. The Inspector of Police, Sangarapuram Police Station, Sangarapuram Taluk, Kallakurichi District.

5. The Public Prosecutor, High Court of Madras.

5/6

N. SATHISH KUMAR , J.

ham W.M.P.Nos.34931 & 34933 of 2025 19.08.2025 6/6