Dilip Singh v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and W.M.P(MD) No.6084 of 2023 Dilip Singh ... Petitioner Vs.

1.The District Collector Trichy District, Trichy.

2.The Revenue Divisional Officer Trichy District, Trichy.

3.The Tahsildar Trichy East Taluk, Trichy District.

4.The Commissioner of Police Trichy City, Trichy.

5.The Inspector of Police Ponmalai Police Station, Trichy City.

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6.Suresh Kumar 7.Subramanian 8.Chandra Sekar 9.Dharmaraj 10.Anbalagan ... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the respondents 1 to 3 from granting permission to the respondents 6 to 10 to conduct Panguni Uthiram festival scheduled to be held on 05.04.2023 in Sri Murugan, Sri Chellandiamman and Sri Mariamman situated at Arjunan Nagar, Mela Kalkandarkottai, Trichy District, as they did not follow the resolution passed by the third respondent in the peace committee meeting dated 11.03.2023.

For Petitioner : Mr.T.Lenin Kumar For Respondents : Mr.N.Muthu Vijayan - for R1 to R3 Special Government Pleader Mr.RMS.Sethur Raman - for R4 & R5 Additional Public Prosecutor 2/7

O R D E R

I do not think it would be judicious to keep the writ petition pending on the file of this Court.

2. The writ petitioner seeks an order from this Court to prevent the festival of Panguni Uthiram being conducted in Sri Murgan, Sri Chellandiamman and Sri Mariamman Temple at Arjunan Nagar, Mela kalkandarkottai, Trichy District.

3. The first respondent is the District Collector, Trichy District, the second respondent is the District Revenue Officer, Trichy District, the third respondent is the Tahsildar, Trichy East Taluk, the fourth respondent is the Commissioner of Police, Trichy City, the fifth respondent is the jurisdictional Inspector of Police, Ponmalai Police Station, Trichy City and the respondents 6 to 10 are private parties. There appears to be a dispute between the petitioner on the one side and his group and respondents 6 to 10 on the other side and their group about division of money which had been collected for conducting the festival. 3/7

A Peace Committee Meeting had been conducted on 11.03.2022 by the Tahsildar / third respondent and it had been decided that a separate account would be opened or the amount which had already been collected would be kept separately and thereafter the expenses for the festival would be incurred. All the parties had agreed to abide by the said decision. The petitioner should also accept and should also abide by the said decision. An interim prayer is sought that the petitioner should not be excommunicated.

4. The learned Special Government Pleader specifically states that there is no such threat for the petitioner and the petitioner can always participate in the function. But he cannot seek the function to be stopped at all from being performed. It should continue to be held and I am confident that the official respondents particularly, the fifth respondent / Inspector of Police, Ponmalai Police Station, Trichy, and the Tahsildar, Trichy East Taluk, Trichy District, would take necessary steps to ensure that the function is conducted peacefully. If the private parties are not coming to terms to conduct the festival, then the Tahsildar may take up the responsibility and conduct the festival. But the petitioner 4/7

must also understand that he should co-operate in the function being proceeded with and cannot seek that it should be prevented. There is no threat of excommunication and the said statement made by him is only an assumption and it cannot be taken on record and therefore, such statement is rejected by this Court.

5. With the above observation, this writ petition is disposed of even without issuing notice to the other respondents. No costs. Consequently, connected miscellaneous petition is closed. 24.03.2023 Index :Yes/No Internet :Yes/No NCC : Yes / No rm 5/7

To 1.The District Collector Trichy District, Trichy.

2.The Revenue Divisional Officer Trichy District, Trichy.

3.The Tahsildar Trichy East Taluk, Trichy District.

4.The Commissioner of Police Trichy City, Trichy.

5.The Inspector of Police Ponmalai Police Station, Trichy City.

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C.V.KARTHIKEYAN, J.

rm 24.03.2023 7/7