Madras High CourtWP(MD)/13149/2022disposed of

Palani .N v. The District Collector

2022-06-27Honourable Mr Justice G.R.Swaminathan2 pages

WP(MD) No.13149 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.06.2022

CORAM

THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN WP(MD) No.13149 of 2022 N.Palani ... Petitioner Vs.

1.The District Collector, Virudhunagar District.

2.The Tahsildar, Aruppukottai Taluk, Virudhunagar District.

3.The Inspector of Police, Paralachi Police Station, Virudhunagar District.

4.Ganesan ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue Writ of Mandamus directing the respondents No.1 to 3 to grant permission for doing poojas and police protection for the "Aanai Pongal Festival" functiion to be held from 28.06.2022 at Shri. Kaliyamman Temple, Vadakkupatti, Poolankal, Aruppukkottai Taluk, Virudhunagar District on the basis of the petitioner representation dated 17.06.2022 within a stipulated time. For Petitioner : Mr.A.Dharani For Respondents : Mr.Sarangan, Addl.Government Pleader for R1 to R3 Mr.D.Nallathambi for R4

ORDER

Heard the learned counsel on either side.

2.The issue concerns the right of the petitioner to act as Poojari during the petition mentioned festival. The festival is to commence on 05.07.2022 and it will conclude on 13.07.2022. Flag hoisting is to be held on 28.06.2022. The learned counsel appearing for the fourth respondent as well as the learned Additional Government Pleader for the official respondents would point out that during the peace committee meeting held in June 2019 in the presence of the Revenue Divisional Officer, it was decided that a common person will be appointed as the Priest. I must make it clear that decision made in such peace committee meetings do not have any statutory force or value. It will not bind the petitioner also. But, whether the petitioner is entitled to function as Poojari or https://hcservices.ecourts.gov.in/hcservices/ 1/2

WP(MD) No.13149 of 2022 not cannot be decided in writ proceedings. The petitioner has to necessarily establish his claim only before the jurisdictional civil court. Leaving open the right of the petitioner to prove his claim before the civil court, the writ petition is disposed of. I have not gone into the merits of the matter. It is made clear that the petitioner has the fullest right to participate like any other devotee. The claim of Poojariship alone is disputed. 3.With this observation, the writ petition is disposed of. Sd/- Assistant Registrar (CO) // True Copy // / /2022 Sub Assistant Registrar(CS) skm To 1.The District Collector, Virudhunagar District.

2.The Tahsildar, Aruppukottai Taluk, Virudhunagar District.

3.The Inspector of Police, Paralachi Police Station, Virudhunagar District.

+1 CC to M/s.D. NALLATHAMBI, Advocate (SR-28752[F] dated 29/06/2022) +1 CC to M/s.A. DHARANI, Advocate ( SR-28798[F] dated 29/06/2022 ) +1 CC to M/s.SPL.GP ( SR-28713[F] dated 29/06/2022 ) WP(MD) No.13149 of 2022 27.06.2022 NSN(CO) GC(29.06.2022) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2