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Madras High CourtWP(MD)/12856/2022disposed of

Thirumal.M v. The District Collector

2022-06-28Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.06.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)Nos.12856 & 12333 of 2022 and W.P(MD)No.12856 of 2022:

M.Thirumal ... Petitioner Vs 1.The District Collector, 2.The Revenue Divisional Officer, 3.The Tahsildar, 4.Vaalagurunathan 5.Shakthi ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents 1 to 3 to monitor the Arulmighu Sree Mariamman Temple Festival Kumbabishekam of Vilathoor Village Manamadurai Taluk, Sivagangai District which is going to be held on 04.07.2022 to 06.07.2022 and restraining the 5th and 6th respondents and their agents from doing mischief activities to stop the temple function. For Petitioner : Mr.S.Arivalagan For Respondents : Mr.G.Sivaraja Government Advocate for R.1 to R.3 Mr.R.Senthilkumar for R.4 Mr.A.Prasanna Rajadurai for R.5 W.P(MD)No.12333 of 2022:

Sakthi ... Petitioner Vs 1.The District Collector, 1/4

2.The Superintendent of Police, Sivagangai District, Sivagangai.

3.The District Revenue Officer, Sivagangai District, Sivagangai.

4.The Revenue Divisional Officer, Sivagangai, 5.The Deputy Superintendent of Police, Manamadurai, 6.The Tahsildar, 7.The Inspector of Police (Circle), Poovanthi Police Station, 8.The Sub Inspector of Police, Palayanoor Police Station, 9.Valagurunathan 10.Raman ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents 1 to 6 to conduct the further peace meeting between the out parties and ninth respondent parties for amicably settlement to perform the village temple festival in Arulmigu Sri Muthumariamman Thirukovil, Vilathur Village, Thanjakkor Post, Manamadurai Taluk, Sivagangai District, based on the petitioner's representation, dated 06.06.2022.

For Petitioner : Mr.A.Prasanna Rajadurai, Advocate for Mr.R.Jegadeeswaran, Advocate For Respondents : Mr.K.Balasubramani Special Government Pleader for R.1 to R.8 No Appearance for R.9 & R.10 2/4

COMMON

ORDER

Heard the learned counsel on either side.

2. Since both the writ petitions are inter-linked, they are heard and disposed of by this common order.

3. The subject matter pertains to performance of Kumbabishekam for the petition mentioned temple. While the Panchayat President and the petitioner in W.P(MD)No.12856 of 2022 want this Court to direct the authorities to monitor the smooth conduct of the event, the petitioner in W.P(MD)No.12333 of 2022 wants this Court to direct the Executive Magistrate to convene a Peace Committee Meeting to resolve the outstanding issues.

4. The petition mentioned temple is located in a village. The HR&CE Department has not brought the temple under its purview. It appears that the majority of the villagers have taken a decision to conduct the event from 04.07.2022 to 06.07.2022. In my view, involving the official respondents in the function is not required. The said Kumbabishekam can very well go on and be performed as per the schedule. At the same time, the concern expressed by the petitioner in W.P(MD)No.12333 of 2022 cannot be brushed aside.

5. Mr.A.Prasanna Rajadurai, learned counsel appearing for the petitioner-Sakthi, states while performing Kumbabishekam the customary measures will have to be strictly adhered to.

6. The learned counsel appearing for the writ petitioners says that all the usual formalities and procedures will be followed for conducting the Kumbabishekam. In view of the difference between the two parties, I direct the Tahsildar, Manamadurai Taluk, Sivagangai District, to convene a Peace Committee Meeting between the two parties. The learned Special Government Pleader submitted that such Peace Committee Meeting will be organized on 30.06.2022. In any event, I make it clear that Kumbabishekam for the Temple shall go on as per the original schedule. These writ petitions are disposed of accordingly. Consequently, connected miscellaneous petition is closed. No costs.

Sd/- Assistant Registrar (Crl.) // True Copy // 30/06/2022 Sub Assistant Registrar(CS) 3/4

To 1.The District Collector, 2.The Revenue Divisional Officer, 3.The Tahsildar, 4.The Superintendent of Police, Sivagangai District, Sivagangai.

5.The District Revenue Officer, Sivagangai District, Sivagangai.

6.The Deputy Superintendent of Police, Manamadurai, 7.The Inspector of Police (Circle), Poovanthi Police Station, 8.The Sub Inspector of Police, Palayanoor Police Station, +1 CC to M/s.S. ARIVALAGAN, Advocate ( SR-28957[F] dated 30/06/2022 ) +1 CC to M/s.SPL.GP ( SR-29002[F] dated 30/06/2022 ) +1 CC to M/s.SPL.GP ( SR-29060[F] dated 30/06/2022 ) W.P.(MD)Nos.12856 & 12333 of 2022 Date:28.06.2022 SA(30.06.2022) 4P 12C 4/4