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Madras High CourtWP(MD)/10350/2022disposed of

Alagappan.R v. The District Collector

2022-05-21Honourable Mrs Justice T.V.Thamilselvi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:21.05.2022

CORAM

THE HONOURABLE Mrs.JUSTICE T.V.THAMILSELVI WP(MD).No.10350 of 2022 and W.M.P(MD)No.7343 of 2022 R.Alagappan ... Petitioner Vs 1.The District Collector, Pudukottai District, Pudukottai.

2.The Superintendent of Police, Pudukottai District.

3.The Tahsildar, Thirumayam Taluk Office, Pudukottai District.

4.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Thanjavur.

5.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Near Municipality Office, Pudukkottai.

6.The Executive Officer, Hindu Religious and Charitable Endowment Department, Pudukottai.

7.The Inspector of Temples, Arulmigu Pidari Veeramakaliamman Temple, Office of Hindu Religious and Charitable Endowment Department, Thirumayam, Pudukottai District.

8.The Inspector of Police, Thirumayam Police Station.

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9.V.Natarajan 10.M.Ramasamy 11.C.Vellaichamy 12.P.Arumugam 13.V.Arumugam ... Respondents PRAYER :- Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 8th respondent to forbear the respondents 9 to 13 from in any way conducting the festival in the name of "Kedai Vettu" or " Kedai Kutti Sirappu" to be held on 24.05.2022 and 25.05.2022 without getting any permission from 1 to 8 respondents from deviating the tradition and custom followed time immemorial by the two village people (Nallur and Sirathagudi Village) in Arulmigu Pidari Veeramakaliamman Temple at Nallur Village, Thirumayam, Pudukottai District consequently creating disharmony among villagers, by considering petitioner's representation, dated 14.05.2022.

For Petitioner : Mr.K.Vijayanand For R1, R3, R4 & R5 : Mr.P.Thambidurai For R2 & R8 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor For R6 : Mr.G.Mathavan

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, directing the 8th respondent to forbear the respondents 9 to 13 from in any way conducting the festival in the name of "Kedai Vettu" or " Kedai Kutti Sirappu" to be held on 24.05.2022 and 25.05.2022 without getting any permission from 1 to 8 respondents, from deviating the tradition and custom followed time immemorial by the two village people (Nallur and Sirathagudi Village) in Arulmigu Pidari Veeramakaliamman Temple at Nallur Village, Thirumayam, Pudukottai District consequently creating disharmony among villagers, by considering petitioner's representation, dated 14.05.2022. 2.Heard the learned counsel on either side.

3.The learned Additional Public Prosecutor appearing for the respondents 2 & 8 would submit that already there is a dispute with regard to " Kida Vettu" between two groups in the village and in this regard, a civil suit in O.S.No.89 of 2017 is also pending before the District Munsif Court, Thirumayam. On 16.05.2022 the 8th respondent has addressed to the Tahsildar/3rd respondent to convene a Peace Committee Meeting with regard to conducting the "Kida Vettu" Pooja in Sri Veemakaliamman Kovil.

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4. Considering the submission made by the learned Additional Public Prosecutor appearing for the respondent 1 & 8, to avoid the law and order problem, this Court directs the third respondent to convene a Peace Committee Meeting after issuing notice to both sides and subject to the decision of the Tahsildar in the Peace Committee Meeting, function shall be performed.

5.Accordingly, this petition is ordered. There shall be no order as to costs. Consequently connected miscellaneous petition is closed.

Sd/- Vacation Officer/ Assistant Registrar // True Copy // / /2022 Sub Assistant Registrar(CS) am TO 1.The District Collector, Pudukottai District, Pudukottai.

2.The Superintendent of Police, Pudukottai District.

3.The Tahsildar, Thirumayam Taluk Office, Pudukottai District.

4.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Thanjavur.

5.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Near Municipality Office, Pudukkottai.

6.The Executive Officer, Hindu Religious and Charitable Endowment Department, Pudukottai.

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7.The Inspector of Temples, Arulmigu Pidari Veeramakaliamman Temple, Office of Hindu Religious and Charitable Endowment Department, Thirumayam, Pudukottai District.

8.The Inspector of Police, Thirumayam Police Station.

9.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN WP(MD) No.10350 of 2022 Date : 21.05.2022 nsn(CO) TR(25.05.2022) 4P 10C 4/4