R.Sankara Ramalingam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL W.P(MD) No.3954 of 2025 R.Sankara Ramalingam ... Petitioner vs.

1.The District Collector, Tenkasi District.

2. The Superintendent of Police, Tenkasi District.

3. The District Revenue Officer, Tenkasi District.

4. The Deputy Superintendent of Police, Tenkasi District.

5. The Inspector of Police, Achamputhur Police Station, Tenkasi District.

6. The Sub-Inspector of Police, Sammbavar Vadakarai Police Station, Tenkasi District.

7. S.Karuppasamy.

8. S.Sankararaman

9. Annamalai

10. Sivan

11. Rajendran ... Respondents Page No. 1 of 8

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondent 1 to 6 to dispose the representation dated 27.01.2025 of the petitioner and to provide police protection for the peaceful administration and celebration of Maasi Maha Shivarathri festival scheduled from 16.02.2025 to 26.02.2025 at Sri Angala Parameswari temple in Sambavar Vadakarai at Tenkasi District.

For petitioner : Mr.A.N.Ramanathan For Respondent Nos.1 & 3 : Mr.M.Senthil Ayyanar Government Advocate For Respondent Nos.2, 4 to 6 : Mr.R.M.Anbunithi Additional Public Prosecutor For Respondent No.11 : Mr.T.S.Mohammed Mohideen

O R D E R

This writ petition has been filed seeking direction, to direct the respondent 1 to 6 to dispose the representation of the petitioner dated 27.01.2025 and to provide police protection for the peaceful administration and celebration of Maasi Maha Shivarathri festival scheduled from 16.02.2025 to 26.02.2025 at Sri Angala Parameswari temple in Sambavar Vadakarai at Tenkasi District.

2. The learned Counsel appearing for the petitioner would submit that Arulmigu Angala Parameswari temple is located in Sambavar Page No. 2 of 8

Vadakarai, Kadyanallur Taluk, Tenkasi District. The said temple is a private temple and it is belongs to Hindu Senkundhar Mudaliyar community. There are some disputes between the parties regarding the administration of the temple. In this regard, one Saravanan filed a suit in O.S.No.64 of 2019 on the file Sub-Court, Tenkasi for bare injunction and the same is pending. While so, a complaint was given as against the erstwhile administrators who are disturbing the peaceful administration of the said temple and not allowing to conduct the Mandagapadi as per schedule. But no action was taken by the authorities on the representation of the petitioner dated 27.01.2025. Therefore, the petitioner filed this present writ petition.

3. The learned Government Advocate appearing for the Respondent Nos.1 & 3 would submit that there is a dispute between the parties in respect of conducting festival and the administration of the temple. Therefore, if the petitioner and the private respondents undertakes to conduct the festival in a peaceful manner, the respondent police have no objection to grant permission to conduct the festival. Page No. 3 of 8

4. The learned Counsel appearing for the respondent No.11 would submit that there are so many FIRs' are pending as against some persons who involved in criminal activities. Therefore, there is a possibility of creating law and order issue at the time of conducting festival. Hence, he prays to grant police protection without affecting the rights of the petitioner in respect of the administration of the temple.

5. The learned Additional Public Prosecutor appearing for the Respondent Nos.2, 4 to 6 would submit that there are two rival groups and there is a dispute between the parties in respect of the administration of the temple. So many FIRs' were registered as against the two parties. Therefore, there is a possibility of creating law and order problem while conducting the festival. Therefore, he strongly opposed to conduct the said festival. However, if the petitioner and other respondents undertakes to conduct the festival in a peaceful manner without creating any law and order problem, the respondent police have no objection to grant permission to conduct the said festival.

6. After elaborate arguments, the learned Counsel appearing for the petitioner as well as the learned counsel appearing for the 11th respondent Page No. 4 of 8

would submit that the parties will not create any law and order issue at the time of conducting festival. However, they can solve their issues in respect of the administration of temple before the appropriate forum.

7. Considering the submissions made by both side counsels and considering that the Maasi Maha Shivaratri festival is already scheduled from 16.02.2025 to 26.02.2025, this Court is inclined to pass the following orders:

a) Both the parties are directed to conduct Maasi Maha Shivaratri festival from 16.02.2025 to 26.02.2025, without any law and order issue and disturbance to general public.

b) The 5th Respondent is directed to give adequate police protection at the time of conducting the Maasi Maha Shivaratri festival. At the same time, if any law and order issue created by any of the parties, the fifth respondent is at liberty to take appropriate action in the manner known to law.

Page No. 5 of 8

8. With the above observations and directions, this Writ Petition is disposed of. No costs.

14.02.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No gvn Note:

Issue order copy on 17.02.2025 Page No. 6 of 8

To 1.The District Collector, Tenkasi District.

2. The Superintendent of Police, Tenkasi District.

3. The District Revenue Officer, Tenkasi District.

4. The Deputy Superintendent of Police, Tenkasi District.

5. The Inspector of Police, Achamputhur Police Station, Tenkasi District.

6. The Sub-Inspector of Police, Sammbavar Vadakarai Police Station, Tenkasi District.

Page No. 7 of 8

P.DHANABAL,J gvn W.P(MD) No.3954 of 2025 14.02.2025 Page No. 8 of 8