K.Gunasekaran, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)Nos.8481 & 8650 of 2019 and W.M.P.(MD)Nos.6638 & 6738 of 2019 W.P.(MD)No.8481 of 2019 K.Shanmugasundaram ... Petitioner Vs.

1. The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Tiruchirappalli.

2. The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Pudukottai, Pudukottai District.

3. The Executive Officer, Arulmighu Thiruvetazhagiya Iyyanar Vagaiyara Thirukovil, Peyadikottai, Avudaiyarkovil Taluk,

4. The Revenue Divisional Officer,

5. The Tahsildar,

6. The Inspector of Police, Memisal Police Station, Memisal, Pudukottai District.

7. The Sub Inspector of Police, Thiruppunavasal Police Station,

8. P.Karuppaiah ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order dated 05.04.2019 in proceeding Nil passed by the third respondent and quash the same and consequently direct respondents 1 to 7 to conduct Chithirai Festival of Arulmighu Thiruvetazhagiya Iyyanar Thirukovil,

Peyadikottai, Avudaiyarkovil Taluk, Pudukottai District form 10.04.2019 to 20.04.2019.

For Petitioner : Mr.AN.Ramanathan For R-1 to R-7 : Mr.M.Karuppasamy, Government Advocate.

*** W.P.(MD)No.8650 of 2019 K.Gunasekaran ... Petitioner Vs.

1. The District Collector, Pudukottai District, Pudukottai.

2. The Hindu Religious & Charitable Endowment Department, Rep. by its Commissioner, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 34.

3. The Superintendent of Police, O/o. The Superintendent of Police, Pudukottai.

4. The Tahsildar, O/o. The Tahsildar,

5. The Assistant Commissioner, Hindu Religious & Charitable Endowment Department, Pudukottai,

6. The Inspector of Police, Thirupanavasal Police Station, Pudukottai.

7. Sri Thiruvetazhagi Ayyanar Thirukovil, Rep. by its Executive Officer, Peyadikottai Village, Avudaiyarkovil Taluk,

8. Shanmugasundaram

9. Muthuchamy

10. Tamil Selvan

11. Muthu Vairavan ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing respondents 1 to 7 not to permit respondents 8 to 11 to conduct Chithra Pournami festival in Arulmighu Thiruvettazhagiya Ayyanar Temple scheduled in the month of 10.04.2019 or any other date without the participation of the petitioner and other scheduled caste members and consequently direct respondents 1 to 7 to permit the petitioner's community people to conduct ritual, namely, as 'Mandagapadi', in "Chithra Pournami' temple festival proposed to be conducted in the tamil month of Chitirai from 10.04.2019 to 20.04.2019 and the following years in future in Arulmighu Thiruvettazhagiya Ayyanar temple, Peyaadikottai Village, Adampur Post, Avudaiyarkovil Taluk, Pudukottai District, within the time period stipulated by this Court.

For Petitioner : Mr.S.Rajasekar For R-1 to R-6 : Mr.M.Karuppasamy, Government Advocate.

For R-8 : Mr.AN.Ramanathan *** C O M M O N O R D E R Both the Writ petitions pertain to conduct of "Chithra Pournami" festival of the petition mentioned temple. This is to be celebrated from 10.04.2019 to 20.04.2019.

2. When the matter was taken up for hearing, the learned Government Advocate states that the issue is highly sensitive and that the jurisdictional police have expressed their inability to offer police protection. Even during the last year, a huge police bandobast comprising about 300 police personnel were deputed to ensure the smooth conduct of the event. He also pointed out that First Information Reports have been registered against both the groups.

3. This Court attempted to prevail upon both the groups to arrive at some amicable solution. Now such a solution could not be arrived at. In these circumstances, I am of the view that the relief cannot be given in both the Writ petitions. The Writ petitions pertain only to the current year alone. Therefore, the Writ petitions stand closed. It is made clear that the rights of the parties have not been gone into. It is open to the petitioners to file comprehensive Writ petitions or move the appropriate authorities or the Court.

4. However, the Executive Officer is directed to ensure that the regular Poojas are conducted. Of course there will not be any performance of "Mandagapadi". It is reiterated that these Writ

petitions pertain only to the current year alone. No costs. Consequently, connected Miscellaneous petitions are closed.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) To

1. The District Collector, Pudukottai District, Pudukottai.

2. The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Tiruchirappalli.

3. The Hindu Religious & Charitable Endowment Department, Rep. by its Commissioner,119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 34.

4. The Superintendent of Police, O/o. The Superintendent of Police, Pudukottai.

5. The Tahsildar, O/o. The Tahsildar, Avudaiyarkovil Taluk, Pudukottai District.

6. The Revenue Divisional Officer,

7. The Assistant Commissioner, Hindu Religious & Charitable Endowment Department, Pudukottai, Pudukottai District.

8. The Inspector of Police, Thirupanavasal Police Station, Pudukottai.

9. The Sub Inspector of Police, Thiruppunavasal Police Station, Avudaiyarkovil Taluk, Pudukottai District.

+1cc to M/s.Special Government Pleader,SR.No. 60402,60543 +1cc to Mr.AN.Ramanathan, Advocate, SR.No. 60282 +2cc to Mr.G.MATHAVAN, Advocate, SR.No.60610,60609 W.P.(MD)Nos.8481 & 8650 of 2019 and W.M.P.(MD)Nos.6638 & 6738 of 2019 10.04.2019 KK/SAR/29.04.2019/ 4P- 14C