Tiruchuli Hindu Nadar Uravin v. The Tahsildar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.04.2019
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD)No.8780 of 2019 and W.M.P.(MD)No.6826 of 2019 Tiruchuli Hindu Nadar Uravin Murai Sangam, (Reg.No.84 of 2000), Thiruchuli, Virudhunagar District, Represented by its Past President, Chinnarajan Nadar ... Petitioner Vs.
1.The Tahsildar, Thiruchuli Taluk, Thiruchuli.
2.The Inspector of Police, Thiruchuli Police Station, Virudhunagar District.
3.P.N.Periana Rajan ... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, forbearing the respondents 1 and 2 from granting permission to the third respondent to conduct Sri Pathrakali Amman Pongal function belonging to the petitioner society based on the representation dated 06.04.2019 of the petitioner herein.
For Petitioner : Mr.A.V.Arun For R1 and R2 : Mrs.S.Bharathi, Government Advocate (Crl.Side).
For R3 : Mr.T.Pon Ramkumar
ORDER
This writ petition has been filed to forbear the respondents 1 and 2 from granting permission to the third respondent to conduct Sri Pathrakali Amman Pongal function belonging to the petitioner society based on the representation dated 06.04.2019 of the petitioner herein.
2.Heard the learned counsel appearing for the petitioner, the learned Government Advocate (Crl.Side) appearing for the respondents 1 and 2 and the learned counsel appearing for the third respondent. 3.In the affidavit filed in support of this petition, it has
been stated that in W.P.(MD)No.8648 of 2018, this Court, by its order dated 19.04.2018, appointed an Executive Officer to conduct Chithirai Pongal Festival and other programmes in Sri Muthumari, Sri Sandanamari and Sri Pathra Kaliamman Temple Festivals. 4.The learned counsel appearing for the petitioner would submit that though larger relief sought for in this writ petition, it would suffice, if similar order may be passed in this writ petition. 5.The learned Government Advocate (Crl.Side) for the respondents 1 and 2 and the learned counsel for the third respondent conceded the request made by the petitioner.
6.Taking into consideration the above submissions, this Court is inclined to pass the following order:- (i)The Executive Officer, HR & CE, Thiruchuli, Virudhunagar District shall conduct Chithirai Pongal Festival and other programmes in Sri Pathra Kaliamman Temple festivals.
(ii)The Executive Officer shall make all arrangements for the purpose of peaceful and smooth conduct of temple festival and if necessary, the officer is at liberty to make a request for police protection.
(iii)The petitioner and the third respondent undertake that they will not claim any right for the temple festival and they will enter into the temple and take part in the temple festival.
(iv)The petitioner and the third respondent also undertake that they will ensure that there is no untoward incident or law and order problem in respect of the conduct of temple festival.
(v)The said undertaking given by the parties is placed on record.
(vi)It is made clear that the aforesaid arrangement is made for the purpose of conducting temple festival for this year alone.
(vii)The aforesaid interim arrangement made by this Court is without prejudice to the rights of the parties pending in other proceedings.
7.Accordingly, this writ petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar (AD II) // True Copy // Sub Assistant Registrar(CS IV)
To 1.The Tahsildar, Thiruchuli Taluk, Thiruchuli.
2.The Inspector of Police, Thiruchuli Police Station, Virudhunagar District.
1 CC to M/s.A.V.ARUN, Advocate ( SR-60503[F] dated 11/04/2019 ) Order made in W.P.(MD)No.8780 of 2019 DS/ /SAR-4 (12.04.2019) 3P 4C