Padmanaban.M v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS.JUSTICE S.ANANTHI M.Padmanaban : Petitioner Vs.
1.The District Collector, Trichy District.
2.The Commissioner of Police, Trichy, Trichy District.
3.The Sub Collector, Trichy District.
4.The Assistant Commissioner of Police, Srirengam, Trichy District, Trichy.
5.The Commissioner, Hindu Religious and Charitable Endowment Department, Trichy District.
6.The Revenue Divisional Officer, Trichy District.
7.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Trichy. 8.The Joint Commissioner / Executive Officer, Arulmigu Jambukeswar Akilandeswari Thirukovil, Thiruvanaikovil, Trichy.
9.The Tahsildar, Srirengam Taluk, Trichy.
10.The Inspector of Police, Srirengam Police Station, Trichy District, Trichy.
: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus directing the respondents 3 to 6 to conduct peace committee meeting based on the petitioner's representation dated 25.01.2021 to conduct the festival to be commenced on 09.02.2021 and continued till 26.02.2021 as conducted in the year 2019 for Sri Eraniamman Thirukovil (Elai Pedari Amman Kovil), which is under the control of the Arulmigu Jambukeswar, Akilandeswari Temple, Thiruvanaikovil, Trichy District. 1/3
For Petitioner : Mr.A.V.Arun for Mr.V.Karuna For Respondents : Mr.K.P.Krishnadoss, Special Government Pleader for RR.1 to 6, 9 & 10 Mr.K.P.Narayanakumar, Special Government Pleader for R.7 Mr.S.Anwar Sameem for R.8
ORDER
(Order of the Court was made by M.M.SUNDRESH, J.) The petitioner has come forward to file this writ petition seeking a writ of mandamus directing the respondents 3 to 6 to conduct a peace committee meeting, in pursuant to his representation dated 25.01.2021, for the purpose of conducting the festival in the Temple.
2. The learned Counsel appearing for the petitioner submitted that a writ petition was filed in the previous year in W.P.(MD) No.3418 of 2020 and in pursuant to the orders passed, a peace committee meeting was conducted and as per the decision made, the temple festival was conducted.
3. The learned Counsel appearing for the eighth respondent / Temple submitted that such a peace committee meeting was actually conducted for this year also, but, no consonance was arrived. Thereafter, the Temple has decided to conduct the function by itself.
4. We are dealing with a very unfortunate case. A Temple is a place of religious worship. It is based upon faith. When people go to the Temple out of faith, there cannot be any difference based upon color or creed. In the case on hand, there is a difference among the persons belonging to three communities. God does not recognize any community. It only recognizes a human being, who goes there to pray. The classification among men has got no place in the aboard of God. If such activities are permitted, it will strike against the very spirit of the Constitution. We are constrained to note that a Temple shall not be a place for perpetuating communal separation leading to discrimination. On the other hand, it should facilitate all those persons having common faith to come and worship.
5. In such view of the matter, we are not inclined to interfere in this matter, leaving it to the discretion of the eighth respondent to conduct the festival. In any case, the prayer sought for by the petitioner has worked itself out, since the peace committee meeting was conducted on 10.02.2021 and no consonance has been arrived.
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6. In fine, this writ petition stands dismissed. No costs. Sd/- Assistant Registrar (Cs-I) // True Copy // / /2021 Sub Assistant Registrar(CS) To 1.The District Collector, Trichy District.
2.The Commissioner of Police, Trichy, Trichy District.
3.The Sub Collector, Trichy District.
4.The Assistant Commissioner of Police, Srirengam, Trichy District,Trichy.
5.The Commissioner, Hindu Religious and Charitable Endowment Department, Trichy District.
6.The Revenue Divisional Officer, Trichy District.
7.The Joint Commissioner, Hindu Religious and Charitable Endowment Department,Trichy. 8.The Joint Commissioner / Executive Officer, Arulmigu Jambukeswar Akilandeswari Thirukovil, Thiruvanaikovil, Trichy.
9.The Tahsildar, Srirengam Taluk, Trichy.
10.The Inspector of Police, Srirengam Police Station, Trichy District,Trichy.
+1 CC to M/s.T.ANTONY ARULRAJ, Advocate ( SR-4462[F] dated 11/02/2021 ) +1 CC to M/s.GP ( SR-4924[F] dated 15/02/2021 ) 11.02.2021 NSM(CO) KB(24.02.2021) 3P 13C 3/3