S.Thirupathy v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.02.2025
CORAM
THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN S.Thirupathy ... Petitioner vs.
1.The District Collector, Office of the District Collector, Thoothukudi District 628 101.
2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Kovilpatty, Thoothukudi District 628 501.
3.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Kovilpatty, Thoothukudi District 628 501.
4.The Tahsildar, Office of the Tahsildar, Kovilpatty, Thoothukudi District.
5.The Inspector of Police, Koppampatti Police Station, Semapudhur, Thoothukudi District.
6.Chella Mariyappan ... Respondents 1/7
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the fourth respondent to guide the temple festival in Semapudur Arulmighu Sri Periandavar Madasamy Thirukovil, Ettayapuram Taluk, Thoothukudi District, with 5th respondent police protection for three days festival held from 14.03.2025 to 16.03.2025 on the basis of the representation given by the petitioner to the respondents dated 27.01.2025 within the time limit that may be stipulated by this Court.
For Petitioner : Mr.U.Antony Santhosh For R1, R2 & R4 : Mr.A.Kannan Additional Government Pleader For R3 & R5 : Mr.M.Karunanithi Government Advocate For R6 : Mr.M.Jerin Mathew *****
O R D E R
Every year and year Arulmighu Sri Periandavar Madasamy Thirukovil, Semapudur, Ettayapuram Taluk, Tuticorin District, is wrested in litigation. 2025 is no exception.
2. The petitioner, namely, S.Thirupathy alleges that the sixth respondent, namely, Chella Mariyappan is taking steps to prevent the petitioner from celebrating 'Maasi festival' between 14.03.2025 to 2/7
16.03.2025. Hence, the petitioner gave a representation on 27.01.2025 to the State authorities and has followed it up with a writ petition. I notice from the records that every year, writ petitions have been filed and orders have been obtained, for the purpose of conduct of the festival.
3. When the matter came up for admission, I heard Mr.U.Antony Santhosh for the petitioner, Mr.A.Kannan, learned Additional Government Pleader, who take notice for the respondents 1, 2 and 4, Mr.M.Karunanithi, learned Government Advocate, who takes notice for the respondents 3 and 5 and Mr.M.Jerin Mathew, who takes notice for the sixth respondent.
4. All sides agreed that 'Maasi festival' is celebrated in a grand manner in this temple. Devotees flock to the temple from across the country and abroad. On account of the dispute that have arisen, religious atmosphere in the temple is being vitiated. Hence, Mr.U.Antony Santhosh and Mr.M.Jerin Mathew stated they will file an affidavit of undertaking to ensure that the festival is carried on in a peaceful manner. 3/7
5. In order to enable the parties to file their affidavits, I adjourned the matter today (I.e., 25.02.2025).
6. When I took up the matter for hearing, both Mr.U.Antony Santhosh as well as Mr.M.Jerin Mathew filed their respective undertaking affidavits. The affidavits are taken are record. Mr.A.Kannan and Mr.M.Karunanithi states that the Revenue Authorities and the Police would take sufficient steps for the purpose of maintaining law and order in the temple. This statement too is recorded.
7. In the light of the affidavit filed by the writ petitioner and the sixth respondent, I pass the following directions: (i) Mukurthakal for 'Maasi festival' in the year 2025 will be laid by both the parties on 07.03.2025. The writ petitioner will perform the 'Mukurthakal' ceremony between 06.00 am., to 7.30 am., on 07.03.2025. The sixth respondent will perform the Mukurthakal ceremony between 10.00 am., to 11.30 am., on 07.03.2025;
(ii) The sixth respondent will celebrate 'Maasi festival' from 4/7
07.03.2025 to 09.03.2025;
(iii) On 10.03.2025, the sixth respondent shall hand over the keys to the Village Administrative Officer, Semapudhur, who will in turn hand over the same to the Tahsildar, Ettayapuram Taluk; (iv) The writ petitioner will be given the keys to celebrate the festival between 14.03.2025 and 16.03.2025;
(v) On completion of celebration on 17.03.2025, the writ petitioner will hand over the keys to the Village Administrative Officer;
8. The Revenue Authorities and the Police Authorities, incase, they find any of the parties are violating the undertaking that they have given before this Court or are indulging in any activities, which will vitiate the atmosphere in the temple, are directed to take strict action against the violators.
9. It is made clear that by virtue of this order, either parties cannot steal a march over the other in the pending civil suit in O.S.No.6 of 2024 on the file of the District Munsif Court, Kovilpatti. 5/7
10. With the above direction, this Writ Petition is disposed of. No costs.
Index :Yes / No 25.02.2025 Internet :Yes / No NCC :Yes / No Rmk To 1.The District Collector, Office of the District Collector, Thoothukudi District 628 101.
2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Kovilpatty, Thoothukudi District 628 501.
3.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Kovilpatty, Thoothukudi District 628 501.
4.The Tahsildar, Office of the Tahsildar, Kovilpatty, Thoothukudi District.
5.The Inspector of Police, Koppampatti Police Station, Semapudhur, Thoothukudi District.
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V. LAKSHMINARAYANAN, J.
Rmk 25.02.2025 7/7