← Library
Madras High CourtWP(MD)/11431/2025disposed of

N.Balasankar v. The District Collector

2025-04-24Honourable Mr. Justice P.Dhanabal8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL

1. N. Balasankar

2. M. Veerapandi ... Petitioners Vs.

1. The District Collector, District Collector Office, Tenkasi.

2. The Tahsildar, Taluk Office, Kadayanallur, Tenkasi District.

3. The Superintendent of Police, Superintendent of Police Office, Tenkasi District.

4. The Inspector of Police, Kadayanallur Police Station, Kadayanallur, Tenkasi District.

5. A.Rajaji

6. K.Ramar

7. N.Arunachalam Page No. 1 of 8

8. N. Arasappalingam

9. N. Tata Singh ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, directing the respondents to permit the petitioners to worship "Arulmigu Sri Veerasangili Madasamy Thirukkovil" at Atchampatti as per petitioners petition dated 08.03.2025 to conduct Kumbabisegam on 06.06.2025, thereafter on 17.07.2025 'Kodaivizha Festival' with permission and police protection. For Petitioners : Mr.S.Radhakrishnan For R1 & R2 : Mr.M.Senthil Ayyanar Government Advocate For R3 and R4 : Mr.M.Sakthi Kumar Government Advocate (Crl. Side)

O R D E R

This writ petition has been filed by the petitioners to direct the respondents to permit the petitioners to worship the Temple, namely, "Arulmigu Sri Veerasangili Madasamy Thirukkovil" at Atchampatti as per the petitioners representation dated 08.03.2025 to conduct 'Kumbabisegam' on 06.06.2025 and thereafter on 17.07.2025 'Kodaivizha Festival' with permission and police protection. Page No. 2 of 8

2. According to the petitioners, in the petitioners village, the Karaiveettu Vagaiyara 45 families is having the right of worship of "Arulmigu Sri Veerasangili Madasamy Thirukkovil" at Atchampatti, Kadayanallur Taluk, Tenkasi District and another 15 members from the petitioners village have no worship right of the above said Temple. While so, under the leadership of Thadiyar Sankaralinga Nayacker Vegaiyara came forward to worship the "Veerasangili Madasamy Thirukkovil Temple" and the petitioners have also accepted and thereby, both parties of the 45 members family and other 15 members family of the other groups jointly worshipped the above said Temple upto the year 2018 with condition not to sacrifice of pig and as per the minutes of the Peace Committee Meeting, on 06.04.

20218, the Festival has to be conducted without sacrificing the pig. Now the other group unnecessarily creating problems and tired to lock the above said Temple. Therefore, they have approached the 4th respondent for conducting the Temple Festival and the 4th respondent has also called both the parties, but no amicable settlement was arrived. Now the 45 house members have decided to conduct 'Kumbabisegam' on 06.06.2025 and therefore, on 17.07.2025 'Kodaivizha Festival'. For which, the petitioners sent a representation for grant of permission and the 4th respondent has also issued C.S.R.No.328 of 2025 Page No.

and advised both the parties to approach the Court for permission. Therefore, they have filed this petition.

3. The learned Government Advocate appearing for the respondents no.1 and 2 would submit that already they have conducted a Peace Committee Meeting in the year 2018 and as per the resolution dated 06.04.2018, both the parties have to worship the "Veerasangili Madasamy Temple jointly without sacrificing the pig. Now the petitioners want to conduct the Festival as per the minutes of the Peace Committee Meeting.

4. The learned Government Advocate (Criminal Side) appearing for the respondent no. 3 and 4 would submit that the petitioners sent a representation dated 08.03.2025 and the same was considered and closed on 18.03.2025 after conducting enquiry with the opposite parties. Therefore, nothing survives for further adjudication in this case.

5. Considering the prayer sought for in the petition, this Court without even issuing notice to the respondents no.5 to 9 inclined to pass orders in this petition.

Page No. 4 of 8

6. According to the petitioners, they want to conduct the 'Kumbabisegam' and 'Kodaivizha Festival' of the Temple, namely, "Arulmigu Sri Veerasangili Madasamy Thirukkovil" on 06.06.2025 and 17.07.2025. while so, the private respondents group have restrained the petitioners from conducting 'Kumbabisegam' and 'Kodaivizha Festival' on the ground that it is an usual practice to sacrifice pig. But without sacrificing the pig, now the petitioners want to conduct the Festival. In this context, already a Peace Committee Meeting was conducted by the revenue authorities in the presence of both the parties and resolution was passed in the year 2018 as without sacrificing the pig, the Festival as to be conducted.

Therefore, based on the said order, now the petitioners want to conduct the Festival and to that effect, they have also approached the 4th respondent for police protection and the same was closed. Since the police protection is to conduct the Festival, the petitioners do not want to sacrifice the pig and without sacrificing the pig, they want to conduct the Festival, it is for them to decide how the Festival has to be conducted. If the opposite party want to conduct the Festival with sacrificing the pig, it is for them to conduct the Festival by sacrificing the pig. If both the parties are not agreeing for conduct the Festival together, this Court can not compel them to conduct the Festival in a particular manner. This Page No.

petition is only to grant police protection, therefore, it is appropriate to direct the 4th respondent to grant police protection for the Temple Festival only for worship of the god by the public. If anybody indulged in the criminal activities, the 4th respondent is at liberty to take appropriate action in accordance with law.

7. With the above said observation and direction, this writ petition is disposed of.

24.04.2025 (1/2) Internet :Yes Index :Yes/No NCC :Yes/No Mac Page No. 6 of 8

To

1. The District Collector, District Collector Office, Tenkasi.

2. The Tahsildar, Taluk Office, Kadayanallur, Tenkasi District.

3. The Superintendent of Police, Superintendent of Police Office, Tenkasi District.

4. The Inspector of Police, Kadayanallur Police Station, Kadayanallur, Tenkasi District.

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

Page No. 7 of 8

P.DHANABAL, J.

Mac 24.04.2025 (1/2) Page No. 8 of 8