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Madras High CourtWP(MD)/4137/2025disposed of

R.Annamalai v. The District Collector

2025-02-14Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL W.P(MD) No.4137 of 2025 and W.M.P.(MD).No.2985 of 2025 R.Annamalai ... Petitioner vs.

1.The District Collector, Pudukottai District, Pudukottai.

2. The Revenue Divisional Officer, Illuppur, Pudukottai District.

3. The Assistant Commissioner, Hindu Religious Endowments Department, Pudukottai, Pudukottai District.

4. The Tahsildar, Ponnamaravathy, Pudukottai District.

5. The Inspector of Police, Annavasal, Pudukottai District.

6. Thirupathy

7. Subbaiah

8. Sekar @ Chinna Karuppan

9. Vadivel

10. Katta Pillayar @ Saravanan

11. Thirupathy Ramasamy ... Respondents Page No. 1 of 6

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the first respondent to direct the fifth respondent to take action against the illegal Kattapanchayat Gang of Kandeduthanpatty Village, Ponnamaravathy Taluk, Pudukottai District headed by the 8th respondent and to take suitable arrangements for lifting the above ex-communication of the petitioner and other 30 families of their Village based on his representation dated 21.01.2025. For petitioner : Mr.A.N.Ramanathan For Respondent Nos.1 to 4 : Mr.M.Senthil Ayyanar Government Advocate For Respondent No.5 : Mr.R.M.Anbunithi Additional Public Prosecutor For Respondent Nos.6 to 11 : Mr.R.Senthil Kumar

O R D E R

This writ petition has been filed seeking direction, to direct the fifth respondent to take action against the illegal Kattapanchayat Gang of Kandeduthanpatty Village, Ponnamaravathy Taluk, Pudukottai District headed by the 8th respondent and to take suitable arrangements for lifting the above ex-communication of the petitioner and other 30 families of their Village based on his representation dated 21.01.2025.

2. The learned Counsel appearing for the petitioner would submit that the petitioner and the private respondents are residing in the same Page No. 2 of 6

village and the temple namely Arulmigu Ramasamy Seethalakshmi Hanuman Kovil and Arulmigu Thottichiamman Thirukovil is situated in the village. The private respondents excommunicated the petitioner and refused to receive money (thp) from the petitioner for consecration festival and they also restrained the petitioner from participating in the Kumbaabhishegam festival scheduled to be held on 16.02.2025. Therefore, he has filed the present petition.

3. The learned Additional Public Prosector appearing for the Respondent No.5 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 scheduled to be held on 16.02.2025.

4. The learned Counsel appearing for the Respondent Nos.6 to 11 would submit that the private respondents herein have never refused to receive money (thp) from the petitioner herein to conduct the said festival. The respondent Nos.6 to 11 have also undertakes to conduct the Page No. 3 of 6

Kumbaabhishegam in a peaceful manner without creating any law and order issue.

5. After elaborate hearing, the learned counsel appearing for the respondent Nos.6 to 11 are agreed to receive money (thp) from the petitioner and they also fixed Rs.5000/-. The learned counsel appearing for the petitioner is also ready to give the said money (thp) of Rs.5000/- for the Kumbaabhishegam by today itself.

6. Considering the submissions made by both side counsels and considering that the Consecration of the temple namely Arulmigu Ramasamy Seethalakshmi Hanuman Kovil and Arulmigu Thottichiamman Thirukovil, Kandeduthanpatty, Ponnamaravathy Taluk, Pudukottai District is already scheduled on 16.02.2025, this Court is inclined to pass the following orders:

i) Both the parties are directed to participate in the Kumbhaabhishegam festival and the petitioner shall pay the money (thp) to the respondents 6 to 11 on or before 15.02.2025. Page No. 4 of 6

ii) the fifth respondent is directed to give adequate police protection at the time of conducting the Kumbhaabhishegam 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.

7. With the above said observations and directions, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

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

Issue order copy on 17.02.2025 Page No. 5 of 6

P.DHANABAL,J gvn To 1.The District Collector, Pudukottai District, Pudukottai.

2. The Revenue Divisional Officer, Illuppur, Pudukottai District.

3. The Assistant Commissioner, Hindu Religious Endowments Department, Pudukottai, Pudukottai District.

4. The Tahsildar, Ponnamaravathy, Pudukottai District.

5. The Inspector of Police, Annavasal, Pudukottai District.

W.P(MD) No.4137 of 2025 14.02.2025 Page No. 6 of 6