Sundar v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.12.2022 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU Sundar ... Petitioner Vs.
1.The District Collector, Trichy, Trichy District.
2.The Tahsildar, Thottiyam Taluk, Thottiyam, Trichy District.
3.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Thiruvanaikaval, Trichy.
4.The Inspector of Police, Thottiyam Police Station, Thottiyam, Trichy District.
5.The Executive Officer, Sri Maduraikaliyamman Kovil, Thottiyam, Trichy District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the constitution of India, to issue a Writ of Mandamus, directing the Respondents to give permission for lifting the big chariot in allotted branch of the Petitioner's village in the 1/5
eve of Panguni festival of Arulmigu Maduraikaliyamman Temple scheduled to be held from 31.03.2021 to 04.04.2021 in Thottiyam Village and Taluk, Trichy District in the light of peace committee resolution dated 05.04.2018 and consider the Petitioner's representation dated 22.03.2021. For Petitioner : Mr. T.Vadivelan For Respondents 1 to 4 : Mr. T.Villavankottai Additional Government Pleader For Respondent No.5 : Mr. P.Athimoolapandian
ORDER
Heard Mr. T.Vadivelan, Learned Counsel for the Petitioner, Mr. T.Villavankottai, Learned Additional Government Pleader for the First to Fourth Respondents and Mr. P.Athimoolapandian, Learned Counsel for the Fifth Respondent and perused the materials placed on record apart from the pleadings.
2.
The Writ Petition has been filed for directing the Respondents to give 2/5
permission for lifting the big chariot in allotted branch of the Village of the Petitioner in the eve of Panguni Festival of Arulmigu Maduraikaliyamman Temple scheduled to be held from 31.03.2021 to 04.04.2021 in Thottiyam Village and Taluk, Trichy District in the light of resolution dated 05.04.2018 of the Peace Committee and based on his representation dated 22.03.2021. 3.
Having regard to the fact that the said period had already lapsed, Learned Counsel for the Petitioner seeks permission of the Court to withdraw the Writ Petition reserving the rights of the Petitioner to seek appropriate relief regarding the same disputes, if such occasion arises in future, and he has made an endorsement to that effect in the court record. It is needless to add here that as observed by the Division Bench of this Court in the decision in Varadaraj -vs- the District Revenue Officer, Collector Officer, Perambalur District (Order dated 15.11.2019 in W.A. No. 3813 of 2019), the right to free worship, which is protected under Article 25 of the Constitution, can be regulated and efforts should be made by the concerned authorities to conduct the festivals, particularly where there is no prohibition for the same, with the co-operation of all sections of the people in an amicable manner. 3/5
4.
In view of the same, the Writ Petition is dismissed as withdrawn with the aforesaid clarifications. No costs.
20.12.2022 pkn Index : Yes/No Note : Issue copy of the order by 03.03.2023. To 1.The District Collector, Trichy, Trichy District.
2.The Tahsildar, Thottiyam Taluk, Thottiyam, Trichy District.
3.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Thiruvanaikaval, Trichy.
4.The Inspector of Police, Thottiyam Police Station, Thottiyam, Trichy District.
5.The Executive Officer, Sri Maduraikaliyamman Kovil, Thottiyam, Trichy District.
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P.D.AUDIKESAVALU,J.
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