Madras High CourtWP(MD)/775/2024disposed of

K.Balaguru @ Arunachalam v. The Tahsildar

2024-01-12Honourable Mrs Justice V.Bhavani Subbaroyan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.01.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN K.Balaguru @ Arunachalam ..Petitioner Vs The Tahsildar, Office of the Melur Tahsildar, Melur Taluk, Madurai District, Madurai.

..Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondent to consider the petitioner's representation, dated 01.05.2024 and direct the respondent to convene a Peace Committee Meeting with the villagers of T.Vellalapatti, Melur Taluk and ensure no law and order break down would be happened with respect to the Mattu Pongal festival to be conducted by the villagers dated 16.01.2024 in Arulmigu Manthai Mondi Temple, Muniyandi Swamy Temple, Kerala Ayyanar temple. 1/6

For Petitioner :Mr.K.Muthu Ganesa Pandian For Respondent :Mr.SRA.Ramachandran Additional Government Pleader

ORDER

The Petitioner has filed this Writ Petition seeking a direction to the respondent to convene a Peace Committee Meeting with the villagers of T.Vellalapatti, Melur Taluk and ensure no law and order break down would be happened with respect to the Mattu Pongal festival to be conducted by the villagers dated 16.01.2024 in Arulmigu Manthai Mondi Temple, Muniyandi Swamy Temple, Kerala Ayyanar temple.

2. Mr.SRA.Ramachandran, learned Additional Government Pleader takes notice for the respondent. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3. The petitioner is the resident of T.Vellapatti Village, Melur Taluk, Madurai District, Madurai. In their village there is a Temple called Arulmigu Manthai Mondi Swamy Temple, Muniyandi Swamy Temple, Karala Ayyanar Temple are worshipping as family deity. They are celebrating the Pongal festival in the tamil month of Thai in a grand manner, wherein all the family members were assembled together and celebrated 2/6

the festival. As a customary practice some vested honours given to 5 members, while at the time of Mattu Pongal festival, regarding which, some previous years there were disputes among the persons who were sought honours that lead law and order issues and the revenue authorities came down to sustain the law and order situation. In one incident happened on 14.01.1999 a Peace Committee Meeting was conducted by the respondent. By virtue of the outcome of Peace Committee Meeting the festival was conducted peacefully on 06.08.2009.

4. In the meantime, one Mr.Gunasekaran hailed from their village sought honor for him at the time of Mattu Pongal celebration that was refused by the villages, hence, he created law and order problem at the time of Mattu Pongal festival that was rightly stalled by the respondent in previous years and he filed a petition before the Joint Commissioner of HR & CE under Section 63(e) of HR & CE Act in O.A.No.7 of 1999 that is pending for adjudication. Therefore, in the previous years the respondent had interfered and settled the issue. The petitioner states that the honour in the temple should be given to the deity alone and nobody cannot claim honour as their right. Here is the case, under the pretext of honor the perpetrators tend to be interfered in the harmony of the village and the festival not only conducted from decades but also it is the customary practice of the villagers and belief among the people and the peace is not 3/6

maintained by the village people and there are two parties in the village, namely Thiru Gunasekaran Vagaiyara and Thiru Veerachamy Vagaiyara. Hence, the petitioner requested the respondent to convene a Peace Committee Meeting with the villagers and ensure the festival would be conducted in a peaceful manner. Since the respondent has not taken any action, the petitioner has filed the present writ petition.

5. The learned Additional Government Pleader appearing for the respondent has produced the letter of the Tahsildar, Melur, dated 11.01.2024.

6. It is seen from the said letter, dated 11.01.2024 that the Tahsildar, Melur has decided to conduct the Peace Committee Meeting on 12.01.2024 (today) at 03.00 p.m.

7. In view of the above, the petitioner shall participate in the Peace Committee Meeting and get the redress of his grievance. If no settlement is arrived, the Tahsildar Melur Taluk is directed to conduct the festival. It is also made clear that there shall be no first honor to any of the parties and all the persons are permitted to pray in the festival. It is made clear that nobody shall interfere in the other persons ceremony. 4/6

8. With the above directions, this writ petition is disposed of. No costs. Index : Yes/No Internet:Yes/No am 12.01.2024 Note: Issue order copy on 12.01.2024 To The Tahsildar, Office of the Melur Tahsildar, Melur Taluk, Madurai District, Madurai.

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V.BHAVANI SUBBAROYAN, J.

am 12.01.2024 6/6