Manikandan G v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.05.2024
CORAM
THE HON'BLE MRS.JUSTICE S.SRIMATHY and W.M.P(MD)No.9962 of 2024 G.Manikandan ... Petitioner Vs 1.The District Collector, Karur, Karur District.
2.The Superintendent of Police, Karur, Karur District.
3.The Revenue Divisional Officer, Kulithalai, Karur District.
4.The Assistant Commissioner, Hindu Religious and Charitable Endowment, Karur District.
5.The Inspector of Police, Kulithalai, Karur District.
6.V.Vasantha Kumar 1/8
7.Senthil Kumar 8.Selvaraj ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the respondents 2 and 5 from giving permission to the respondent 6 and 7 for conducting community customary Maha Pooja for the God namely Sri Pattathalachi Amman and Sri Periyasamy at Valaiyapatti, Sivayam Karumparai, Eraniyamangalam Village, Kulithalai Taluk, Karur District, as per the invitation schedule dated from 22.05.2024 to 28.05.2024 of the respondents 6 and 7 in the light of the order dated 29.04.2024 passed in W.P.(MD) No.9471/2024 on the file of this Court. For Petitioner : Mr.R.Suriya Narayanan For R1 - R5 : Mr.S.Manikandan Government Advocate(Crl.Side) For R6 & R7 : Mr.Vetrivel for M/s.Lajapathiroy Associates
O R D E R
This Writ Petition is filed for forbearing the respondents 2 and 5 from giving permission to the respondent 6 and 7 for conducting community customary Maha Pooja for the God namely Sri Pattathalachi Amman and Sri 2/8
Periyasamy at Valaiyapatti, Sivayam Karumparai, Eraniyamangalam Village, Kulithalai Taluk, Karur District, as per the invitation schedule dated from 22.05.2024 to 28.05.2024 of the respondents 6 and 7 in the light of the order dated 29.04.2024 passed in W.P.(MD) No.9471/2024 on the file of this Court.
2. The issue was already considered by this Court in W.P(MD)No. 9471 of 2024, wherein this Court vide order, dated 29.04.2024 has passed the following order:
5.On the difference of opinion between the two groups, the festival of the Temple should not be stalled and therefore, this Court directs the Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Karur District to take charge of the Sri Pattathalachi Amman and Sri Periya Swamy Temple situated at Valaiyappatti, Sivayam Karumparrai, Eraniyamangalam Village, Kulithalai Taluk, Karur District for the purpose of conducting festival, which is scheduled to be conducted from 22.05.2024 to 28.05.2024. If the Assistant Commissioner requires Police protection, necessary application shall be filed before the fifth 3/8
respondent and the fifth respondent shall provide adequate Police protection to the Assistant Commissioner, Hindu Religious and Charitable Endowment Department, for the peaceful conduct of the festival. The parties have to restrain themselves from interfering with the Assistant Commissioner. This interim arrangement has been made only for the purpose of conducting of festival. The petitioner and the sixth respondent have to co-operate for the peaceful conduct of the festival.
3.The learned counsel for the petitioner submitted that the respondents should not allow the respondents 6 & 7 to use a particular spot which belongs to a particular community. He further submitted that bursting the crackers should not be allowed. This Court is of the considered opinion that the festival was started already, hence at this point of time restrictions cannot be imposed. Therefore, the plea of the petitioner cannot be considered.
4. The petitioner further submitted that there is violation of customary practice. But the petitioner has not specifically stated what are the 4/8
customary practice. Further there is no scheme approved by any authority or Civil Court. Therefore, this Court is not inclined to entertain the plea of the petitioner. However, the petitioner is at liberty to approach the Civil Court for framing the scheme and the same may be implemented for future.
5. As of now let the festival shall go on. The respondent police shall ensure the law and order. If there is any law and order problem, the respondent police shall take appropriate action as per law.
6. Further whatever that was planned by Hindu Religious and Charitable Endowment Department to conduct the festival and the same shall be followed for the present year festival. Apart from the said plan, if any person is interested to conduct any other events or rituals, then the said person shall submit petition before the appropriate authority and the authority shall consider and pass orders by considering the facts and circumstances of the case. The authority shall grant sufficient opportunity to all the stake holders and thereafter shall pass orders. 5/8
7. With the above observation and directions, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.
24.05.2024 NCC : Yes/No Internet:Yes/No Index:Yes/No GBG Note : Issue order copy on 24.05.2024.
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To 1.The District Collector, Karur, Karur District.
2.The Superintendent of Police, Karur, Karur District.
3.The Revenue Divisional Officer, Kulithalai, Karur District.
4.The Assistant Commissioner, Hindu Religious and Charitable Endowment, Karur District.
5.The Inspector of Police, Kulithalai, Karur District.
6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY , J.
GBG ORDER IN 24.05.2024 8/8