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Madras High CourtREV.APLWP Crl./2/2025disposed of

Paramasivam v. P. Paramasivam

2025-11-13Honourable Mr Justice N. Sathish Kumar7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.11.2025 CORAM :

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR Rev.Application Writ Petition Crl.No.2 of 2025 and W.P.M.P.No.632 of 2025 Paramasivam ... Petitioner Vs.

1.P.Paramasivam 2.The District Collector, Ariyalur District, Ariyalur.

3.The Revenue Divisional Officer, Udayarpalayam, Ariyalur District.

4.The Superintendent of Police, Ariyalur District.

5.The Tahsildar, Jayamkondan Udayarpalayam, Ariyalur District.

6.The Inspector of Police, T.Palur Police Station, T.Palur Village, Ariyalur District.

... Respondents

Prayer : Review Application filed under Order 47 Rule 1 of Code of Civil Procedure r/w. Section 114 of the Code of Civil Procedure to review the order dated 09.10.2025 in W.P.No.18829 of 2025. For Petitioner :

Mr.S.Vijayakumar Senior Counsel for Mr.M.Saravanakumar For R1 :

Mr.R.Subramanian For R2 to R6 :

Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

This Review Application has been filed to review the order dated 09.10.2025 in W.P.No.18829 of 2025, wherein, this Court has ordered the respondent Police to give necessary police protection for the conduct of the festival by majority of the villagers, since, only the review petitioner/6th respondent in the writ petition, who was the only objector, who had already lost before the Civil Court, cannot prevent the majority of the persons from conducting the festival. It is relevant to note that, though the 6th respondent therein (review petitioner) had filed counter, there was no representation on his behalf while passing the said order.

2.Now, the 6th respondent in the writ petition has come up with this review petition, stating that due to some personal inconvenience, his counsel could not appear before the Court and could not place some important facts before this Court while passing the impugned order. 3.Learned Senior Counsel appearing for the review petitioner (6th respondent in the writ petition) brought to the notice of this Court that the writ petitioner has projected before this Court as if the suit in O.S.No.185 of 2011 filed by the review petitioner has been dismissed by the Civil Court. The learned Senior Counsel further submitted that the writ petitioner has suppressed the other suit in O.S.No.189 of 2020, wherein, this Court has clearly recorded a finding that only the review petitioner and others are the real Hereditary Trustees of the temple and the suit filed by the review petitioner was dismissed only on the ground that the said suit cannot be decided pending decision of his another suit for declaration. Be that as it may.

4.The learned Senior Counsel would submit that, since festival has already started and the status of the review petitioner as Hereditary Trustee has already been decided by the Civil Court, he may also be permitted to participate in the festival. Learned counsel appearing for the 1st respondent would submit that, even before the festival started, they extended their invitation to the review petitioner, however, the review petitioner only refused to join them. However, he asserted before this Court that they have no objection for the review petitioner to participate in the temple festival peacefully.

5.The issue is with regard to conduct of festival. This Court has already ordered police protection to conduct the festival in a peaceful manner. As the Civil Court, in one of the suits, has observed that the review petitioner is also the Hereditary Trustee of the temple, having regard to the fact that the festival had already started and also considering the submissions made by the learned counsel on either side, let the review petitioner (6th respondent in the writ petition) also participate in the festival in a peaceful manner. It is made clear that there shall not be any law and

order issue by both sides. If the parties are not willing to conduct the festival in a peaceful manner and if they indulge in any activities which may lead to law and order issues, it is open to the respondent Police to take action as per law, besides closing the temple. 6.With these directions, this Review Application is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 13.11.2025 mkn Note to Registry : Issue order copy on 14.11.2025. Internet : Yes Index : Yes / No Speaking order : Yes / No To 1.The District Collector, Ariyalur District, Ariyalur.

2.The Revenue Divisional Officer, Udayarpalayam, Ariyalur District.

3.The Superintendent of Police, Ariyalur District.

4.The Tahsildar, Jayamkondan Udayarpalayam, Ariyalur District.

5.The Inspector of Police, T.Palur Police Station, T.Palur Village, Ariyalur District.

N. SATHISH KUMAR, J.

mkn Rev.Application Writ Petition Crl.No.2 of 2025 13.11.2025