Madras High CourtWP(MD)/7107/2022disposed of

Ravichandran S v. The District Collector

2022-04-18Honourable Mr Justice Abdul Quddhose4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE S.Ravichandran ... Petitioner Vs.

1.The District Collector, Office of the District Collector, 2.The Commissioner of Police, Thiruchirappalli Corporation, 3.The Revenue Divisional Officer, Thiruchirappalli, 4.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, 5.The Executive Officer, Sri Koothayee Amman Thirukovil, K.Sathanur, 6.The Inspector of Police, K.K.Nagar Police Station, ... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 3 to grant permission to conduct the temple festival in Sri Koothayee Amman and Sri Kaliamman Thirukovil, K.Sathanur Village, Thiruchirappalli East Taluk, Thiruchirappalli for the 15 days thiruvizha in the end of Chithirai month held from 10.05.2022 to 24.05.2022 on the basis of the representation given by the petitioner to the first respondent dated 21.03.2022 and consequently the respondents 2 and 6 to give adequate police protection within the time limit that may be fixed by this Court. For Petitioner : Mr.Ramesh Mahadev For Respondents 1 to 3&6 : Mr.B.Saravanan Additional Government Pleader For Respondent No.4 : Mr.P.Subbaraj Special Government Pleader For Respondent No.5 : Mr.C.Guhaseelarupan Standing Counsel 1/4

O R D E R

This Writ Petition has been filed for a Mandamus seeking for a direction to the respondents 1 and 3 to grant permission to conduct temple festival in Sri Koothayee Amman and Sri Kaliamman Thirukovil, K.Sathanur Village, Thiruchirappalli East Taluk, Thiruchirappalli for the 15 days thiruvizha in the end of Chithirai month held from 10.05.2022 to 24.05.2022, based on the petitioner's representation dated 21.03.2022 and consequently direct the respondents 2 and 6 to give adequate police protection.

2.According to the petitioner, he is one of the Committee members of Sri Koothayee Amman and Sri Kaliamman Thirukovil, K.Sathanur Village, Thiruchirappalli East Taluk, Thiruchirappalli. It is the contention of the petitioner that the last temple festival was held in the year 2018. Thereafter, due to a land grabbing complaint against a former Poosari of the temples, the temple festival was suspended for the subsequent years. The petitioner has given a representation on 21.03.2022 to the respondents requesting them to conduct the temple festival for the 15 days thiruvizha in the end of Chithirai month to be held from 10.05.2022 to 24.05.2022. Since the said representation has not been considered till date, the petitioner has filed this writ petition.

3.Heard Mr.Ramesh Mahadev, learned Counsel appearing for the writ petitioner, Mr.B.Saravanan, learned Additional Government Pleader who accepts notice on behalf of the respondents 1 to 3 & 6, Mr.P.Subbaraj, learned Special Government Pleader who accepts notice on behalf of the fourth respondent and Mr.C.Guhaseelarupan, learned Standing Counsel who accepts notice on behalf of the fifth respondent.

4.On instructions, learned Standing Counsel for the fifth respondent would submit that the fifth respondent is the fit person for Pidari Iyyanar Temple and the subject temples are its group temples. He would submit that same fit person maintains all the three temples. He would further submit that the temple festival is scheduled to be held between 10.05.2022 to 24.05.2022 and the fifth respondent is ready and willing to conduct the temple festival, provided sufficient police protection is granted. 5.Learned Additional Government Pleader appearing for the remaining official respondents would submit that in the year 2018, there was a Peace Committee meeting and since the rival parties did not agree for the smooth conduct of the festival, the temple festival was not conducted thereafter.

6.After giving due consideration to the submissions made by the respective Counsels, this Court is of the considered view that if 2/4

sufficient police protection is granted by this Court, the temple festival for Chithirai month which falls between 10.05.2022 to 24.05.2022 can take place in the interest of the worshippers. The fifth respondent who is the Fit person for the subject temples is also ready and willing to conduct the festival, provided sufficient police protection is granted.

7.For the foregoing reasons, this Court directs the fifth respondent to conduct the temple festival in Sri Koothayee Amman and Sri Kaliamman Thirukovil, K.Sathanur Village, Thiruchirappalli East Taluk, Thiruchirappalli for thiruvizha in the end of Chithirai month held from 10.05.2022 to 24.05.2022. The sixth respondent is directed to provide sufficient police assistance to the fifth respondent to conduct the said festival in both the temples. All the persons participating in the temple festival shall maintain law and order, without creating any hindrance to the fifth respondent in conducting the temple festival.

8.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) MR To 1.The District Collector, Office of the District Collector, 2.The Commissioner of Police, Thiruchirappalli Corporation, 3.The Revenue Divisional Officer, Thiruchirappalli, 4.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, 3/4

5.The Executive Officer, Sri Koothayee Amman Thirukovil, K.Sathanur, 6.The Inspector of Police, K.K.Nagar Police Station, +1 CC to M/s.C. GUHASEELARUPAN, Advocate ( SR-18964[F] dated 18/04/2022 ) +1 CC to M/s.SPL.GP. ( SR-19403[F], SR-19789[F] dated 19/04/2022 ) 18.04.2022 CK(CO) KB(02.05.2022) 4P 9C 4/4