Elanthamilan v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.04.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Elanthamilan ... Petitioner Vs.

1.The Revenue Divisional Officer, Srirangam Division, Trichy.

2.The Superintendent of Police, Trichy District, Trichy.

3.The Tahsildar, Manapparai Taluk, Trichy District.

4.The Sub Inspector of Police, Puthanatham Police Station, Trichy District.

5.Sakthivel @ Atralarasu 6.Jeishankar 7.Pavala Raja 8.Sivakumar 1/5

9.Vellakannu 10.Yettu @ Thiagarajan 11.Karthick 12.Dhinesh ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents 3 & 4 to permit us to conduct the festival namely Chithirai Thiruvizha in Arulmighu Aazhipurathu Amman, Arulmigu Karuppasamy, Arulmighu Veeramahamuni from 28.04.2024 to 07.05.2024 and further direct the fourth respondent to provide adequate police protection for the said festival of Arulmighu Aazhilpurathu Amman, Arulmighu Karuppasamy, Arulmighu Veeramahamuni situated in the Pannankombu North Street, Pannapatti Village, Manapparai Taluk, Trichy District by considering the petitioner's representation dated 15.03.2024. For Petitioner : Mr.T.Lenin Kumar For Respondents : Mr.K.Balasubramani Special Government Pleader for R1 & R3 : Mr.A.Albert James Government Advocate (Crl.side) for R4 2/5

ORDER

When the matter was taken up for admission, it was suggested that conducting a peace committee meeting may lead to resolution of the dispute. The peace committee meeting was held on 22.04.2024 by the Tahsildar, Manapparai. Unfortunately, the dispute could not be resolved. In these circumstances, the writ Court will not be justified in passing any restraint order against the private respondents herein. I have held that for conducting temple festivals in villages, permission from the authorities is not required. Therefore, the official respondents will keep away from the dispute. But if the situation is aggravated and any cognizable offence is committed, the jurisdictional police is obliged to intervene. Likewise, if the executive magistrate is of the view that there is a threat to public tranquility, the provisions of Cr.P.

C can always be invoked. So long as such situations do not crop up, there cannot be any interference at the hands of the official respondents. I make it clear that I have not given any leverage to the petitioner herein. Nor I have passed any adverse order against the private respondents herein. I am only stating that the writ Court cannot resolve such private disputes.

2. With the aforesaid observation and clarification, the Writ Petition is disposed of. No costs.

26.04.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi Note: Issue order copy on 26.02.2024.

To 1.The Revenue Divisional Officer, Srirangam Division, Trichy.

2.The Superintendent of Police, Trichy District, Trichy.

3.The Tahsildar, Manapparai Taluk, Trichy District.

4.The Sub Inspector of Police, Puthanatham Police Station, Trichy District.

4/5

G.R.SWAMINATHAN, J.

rmi 26.04.2024 5/5