Mariappan. K v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.3605 of 2024 K.Mariappan ... Petitioner -Vs1.The District Collector, The Collectorate Office, 2.The District Revenue Officer, 3.The Revenue Divisional Officer, The Revenue Divisional Office, 4.The Tahsildar, Taluk Office, Tenkasi District.

5.The Superintendent of Police, 6.The Deputy Superintendent of Police, The Office of Deputy Superintendent of Police, Aalankulam, Tenkasi District.

7.The Inspector of Police, Paavoor Chathiram Police Station, ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 to 7 to give necessary police protection for conducting 6th day Mandapapadithaarar and other poojas, rites and rituals to be conducted by the petitioner and his community people in the specific day ie., on 19.02.2024 as per the Maasipperunthiruvilaa invitation in the Venimalai Valli Deva Senaa Sametha Shri Subramaniyasamy Thirukovil, Venimalai, Kamarajar Nagar, Paavoor Sathiram, Tenkasi District and consequently, forbearing the respondents 1 to 7 from laying the display board in and around the said temple on 19.02.2024 in the name of 'Devendrakula Velalar' during the 6th day of Mandapapadithar festival to be conducted by his community people by considering the representations of the petitioner dated 09.02.2024 and dated 12.02.2024.

For Petitioner : Mr.J.Priscilla Pandian For R1 to R4 : Mr.P.Thilak Kumar, Government Pleader For R5 to R7 : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor

ORDER

[Order of the Court was made by D.KRISHNAKUMAR, J.] By consent of both parties this Writ Petition is taken up for final disposal at the stage of admission itself.

2.Mr.P.Thilak Kumar, learned Government Pleader takes notice for the respondents 1 to 4 and Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutor takes notice for the respondents 5 to 7. 3.According to the petitioner, he belongs to Pallan community, which is categorized as Scheduled Caste Community and now, called as Devendrakula Vellalar as per G.O.(Ms)No.50, Adi Dravidar and Tribal Welfare 9CV-I) Department, dated 01.06.2021. In the temple called as 'Venimalai Valli Deva Senaa Sametha Shri Subramaniyasamy Thirukovil', festival will be celebrated every year as Masi Perunthiruvizha for eleven days, in which, 6th day Mandapapadi is allotted to the petitioner's community people. For this year, the Temple Festival is scheduled to be conducted from 13.02.2024 to 24.02.2024, in which, the petitioner's community is permitted to conduct their Mandapapadi and other poojas on 19.02.2024.

4.The petitioner states that in the invitation printed by the Organizing Committee for the celebration of the temple festival, the name of the petitioner's community has to be printed as Devanthrakula Velalar Community. However, the Festival Committee has printed the name of the petitioner's community as Adi Dravidar Samuthaayam instead of Devanthrakula Velalar Community. He further

states that the petitioner's community people are not permitted to lay display board in and around the temple.

5.The petitioner's apprehension is that other community people will not allow the petitioner's community to participate in the aforesaid festival to be conducted on 19.02.2024 ie., in 6th day Mandapapadi and other poojas. 6.Mr.J.Barathan, learned counsel representing for the Organizing Committee submitted that he is representing for all other community except the petitioner's community and there is no objection for the Committee to permit the petitioner to participate in 6th day Mandapapadi and other poojas scheduled to be conducted on 19.02.2024 and Mr.P.Thilak Kumar, learned Government Pleader appearing for the respondents 1 to 4 also submitted that the 6th day Mandapapadi has been allotted to the Adidravidar community. 7.

In view of the aforesaid submissions, we are of the view that the contention of the petitioner is only based on the apprehension and therefore, no further order is required and it is equally for the Department as well as the Organizing Committee to permit all the Adidravidar Community people to participate in the temple festival .

that they are restrained from laying display board is concerned, all the community people fairly agreed that they will not erect the display board in and around the temple.

8.In view of the consent given by the parties concerned, this Writ Petition is disposed of. If there is any violation, the concerned Police officials and the revenue officials are at liberty to take necessary action against the persons involved in such violation. We make it clear that even though all the community people are not arrayed as party respondents in this Writ Petition, the authorities concerned shall take necessary action to conduct festival in a peaceful manner. No costs.

[D.K.K., J.] & [R.V., J.] 16.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva Note: Issue Order copy by today (16.02.2024) itself. To 1.The District Collector, The Collectorate Office,

2.The District Revenue Officer, 3.The Revenue Divisional Officer, The Revenue Divisional Office, 4.The Tahsildar, Taluk Office, Tenkasi District.

5.The Superintendent of Police, 6.The Deputy Superintendent of Police, The Office of Deputy Superintendent of Police, Aalankulam, Tenkasi District.

7.The Inspector of Police, Paavoor Chathiram Police Station,

D.KRISHNAKUMAR, J.

AND R.VIJAYAKUMAR , J.

Yuva W.P.(MD)No.3605 of 2024 16.02.2024