M/S. Sundara Pandian @ Sempuli Sithan Venkudai Festivel Trust v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.04.2025 CORAM :
THE HON'BLE MR.JUSTICE P.DHANABAL M/s. Sundara Pandian @ Sempuli Sithan Venkudai Festivel Trust, Represented by its Trustee G.Veera Sundharalingam, S/o.Gunasekaran, Maasaanan Kovil Theru, Sundarajapuram Village, Rajapalayam, Virudhunagar District.
... Petitioner Vs
1. The District Collector, The Collectorate Office, Virudhunagar District, Virudhunagar.
2. The Revenue Divisional Officer, Rajapalayam Division, Virudhunagar District - 626117.
3. The Tahsildar, Rajapalayam Taluk Office, Virudhunagar District - 626117.
4. The Superintendent of Police, Office of the Superintendent of Police, Virudhunagar District.
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5. The Inspector of Police, Seithur Rural Police Station, Rajapalayam, Virudhunagar District.
6. The Sub Inspector of Police, North Police Station (Law and Order), Rajapalayam, Virudhunagar District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus by directing the 4th to 6th respondents to provide adequate police protection by permitting the celebration of the Venkudai Festival and ritual dance performance scheduled to the held on 14.04.2025 to 15.04.2025 in Neer Kaatha Aiyyanaar Temple situated in Vadakku Venganallur Village Merkku Thodarchi Malai (Western Ghats) Adivaram, Rajapalayam Virudhunagar District for sembuli Chithan Vagaiyara people of Sundarajapuram by consider petitioner representation dated 10.03.2025. For Petitioner : Mr.B. Sargunam, For R1 to R3 : Mr.K.R.Badurus Zaman Government Advocate For R4 to R6 : Mr.R.M.Anbunithi Additional Public Prosecutor 2/7
O R D E R
This Writ Petition has been filed seeking a direction to the respondents 4 to 6 to provide adequate police protection by permitting the celebration of the Venkudai Festival and ritual dance performance scheduled to the held on 14.04.2025 to 15.04.2025 in Neer Kaatha Aiyyanaar Temple situated in Vadakku Venganallur Village, Merkku Thodarchi Malai (Western Ghats) Adivaram, Rajapalayam Virudhunagar District for sembuli Chithan Vagaiyara people of Sundarajapuram by consider the petitioner's representation dated 10.03.2025. 2.The learned Counsel for the petitioner would submit that the petitioner is the trustee of the said temple. He along with the villagers decided to conduct festival on 14.04.2025 and 15.04.2025, for which, large number of people would gather in the said temple. Now, the temple is under the control of HR and CE Department. While so, the petitioner approached the respondents 4 to 6 for grant of permission to conduct festival and dance programme, but the same has not been considered. Hence this petition.
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3.The learned Government Advocate appearing for the respondents 1 to 3 would submit that there are two rival groups claiming right over the temple and the petitioner group fixed the festival on 14.04.2025 and 15.04.2025 and the petitioner want to conduct the festival separately, thereby, the peace committee meeting has been fixed today. In the peace committee meeting, after enquiry they will take appropriate decision. Based on the decision, the petitioner can act. He would further submit that the petitioner is not a trustee of the said temple and the temple belongs to HR and CE Department.
4.The learned Additional Public Prosecutor appearing for the respondent police would submit that they received the complaint from the petitioner and the same was forwarded to the revenue authorities and they also fixed the peace committee meeting today. Therefore, based on the result of the peace committee, they will act in accordance with law. 5.Considering the limited scope of the prayer sought for in this petition and the respondents 1 to 3 already fixed the peace committee meeting with both the parties, based on the decision of the peace committee, the petitioner can approach the appropriate authorities. 4/7
5.In view of the same, this Court directs the third respondent to complete the peace committee proceedings within a period of two days from the date of this order in accordance with law and thereafter, the petitioner can approach the respondents 4 to 6. 6.With the above direction, this writ petition is disposed of. 03.04.2025 Internet :Yes Index :Yes/No NCC :Yes/No LR Note: Issue Order copy on 04.04.2025 To
1. The District Collector, The Collectorate Office, Virudhunagar District, Virudhunagar.
2. The Revenue Divisional Officer, Rajapalayam Division, Virudhunagar District - 626117.
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3. The Tahsildar, Rajapalayam Taluk Office, Virudhunagar District - 626117.
4. The Superintendent of Police, Office of the Superintendent of Police, Virudhunagar District.
5. The Inspector of Police, Seithur Rural Police Station, Rajapalayam, Virudhunagar District.
6. The Sub Inspector of Police, North Police Station (Law and Order), Rajapalayam, Virudhunagar District.
7.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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P.DHANABAL , J.
LR 03.04.2025 7/7