Madras High CourtWP(MD)/2726/2015closed

M.Kandhasamy v. The District Collector

2016-11-21Honourable Mr Justice M.V. Muralidaran,Honourable Mr Justice S. Nagamuthu4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.[MD].No.2726 of 2015 and M.P.(MD).No.1 of 2015 M.Kandhasamy .. Petitioner Vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The Revenue Divisional Officer, Sivagangai, Sivagangai District.

3.The Tahsildar, Sivagangai, Sivagangai District.

4.The Joint Commissioner of Hindu Religious and Charitable Endowment, Sivagangai District, Sivagangai.

5.The Superintendent of Police, O/o. The Superintendent of Police, Sivagangai District, Sivagangai.

6.The Inspector of Police, Sivagangai Taluk Police station, Sivagangai.

7.M.Subramanian : Respondents PRAYER:

Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondent Nos.1 to 6 to prevent the caste discrimination in Esanoor Village, Nalukottai Post, Sivagangai Taluk, Sivagangai District and to grant permission to the villagers to participate in the "Puravi Eduppu" festival in Arul Migu Sri Servalingam Ayyanar Temple, which is scheduled to be conducted in the month of March, 2015 and in all subsequent years at Esanoor Village, Nalukottai Post, Sivagangai Taluk, Sivagangai District.

For Petitioner : Mr.Aswin Rajasimman, for Mr.T.Lajapathi Roy For respondents : Mr.S.Chandrasekar, 1 to 6 Government Advocate For 7th respondent : Mr.Gangaiamaran, for M/s.Veera Associates

O R D E R

[Order of the Court was made by M.V.MURALIDARAN, J.] The petitioner has come up with this Writ Petition seeking a direction to the respondent Nos.1 to 6 to prevent the caste discrimination in Esanoor Village, Nalukottai Post, Sivagangai Taluk, Sivagangai District and to grant permission to the villagers to participate in the "Puravi Eduppu" festival in Arulmigu Sri Servalingam Ayyanar Temple, which is scheduled to be conducted in the month of March, 2015-2016.

2.The case of the petitioner is that the petitioner is the Secretary of the Tamil Nadu Theendamai Olippu Munnani. The respondent No.7 belongs to Backward Community. The 7th respondent community people and other caste Hindus would conduct Ponnatchiamman Temple festival and the Scheduled Caste Community people will celebrate the Sri Seruvalinga Ayyanar Temple Festival every year separately. The writ petitioner already approached this Court and filed a writ petition in W.P.(MD).No.3572 of 2013 praying to perform Masi Kalari Festival at Servalinga Ayyanar Temple on 13.03.2013, in which this Court vide order dated 07.03.2013 has passed the following order:

"In view of the submission made on behalf of the police, the Tahsildar, Sivaganagai Taluk, is directed to convene a Peace Committee Meeting by summoning the concerned people including the 6th respondent and ascertain the feasibility of settling the matter. The meeting should be convened as expeditiously as possible and in any case on or before 11th March, 2013 and a report should be submitted before this Court on 12th March, 2013."

While so, he has come up with this writ petition for the aforesaid prayer.

3.We have heard the learned counsel appearing on either side. 4.The learned Government Advocate appearing for the official respondents would submit that the writ petition has already become infructuous, as the petitioner has sought for permission to conduct the above festival in the month of March, 2015. He has

also produced a letter dated 09.11.2016 in which the Inspector of Hindu Religious and Charitable Endowments Department, Sivagangai has reported to the Joint Commissioner of Hindu Religious and Charitable Endowment Department, Sivagangai that the festivals are being conducted in the said temple without any dispute between the two communities and others.

5.Recording the said submission, this Writ Petition is closed. No costs. Consequently, connected miscellaneous petition is also closed.

Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Sivagangai District, Sivagangai.