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Madras High CourtWP(MD)/15927/2019disposed of

S.Ramadoss v. The Thasildhar

2019-07-18Honourable Mr Justice R. Suresh Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.07.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.15927 of 2019 S.Ramadoss

...Petitioner

-VsThe Tahsildhar, Mudukulathur Taluk, Ramanathapuram District.

...Respondent

Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondent herein to permit the petitioner's community people for celebrating the festival of Vazhavanthamman Temple on 13.08.2019 with using Loud Speaker, Fire Crackers, Adal Padal programme etc., in their living place at Pokkanarenthal Village, Ulaiyur Post, Thiruvarangam via, Mudukulathur Taluk, Ramanathapuram District based on the Peace Committee Meeting decision dated 24.09.2018.

For Petitioner : Mr.S.M.Mohan Gandhi For Respondent : Mr.P.Kannithevan Additional Government Pleader

ORDER

The prayer in this writ petition is for a Writ of Mandamus, to direct the respondent herein to permit the petitioner's community people for celebrating the festival of Vazhavanthamman Temple on 13.08.2019 with using Loud Speaker, Fire Crackers, Adal Padal programme etc., in their living place at Pokkanarenthal Village, Ulaiyur Post, Thiruvarangam via, Mudukulathur Taluk, Ramanathapuram District, based on the Peace Committee Meeting decision, dated 24.09.2018.

2.Heard Mr.S.M.Mohan Gandhi, learned counsel appearing for the petitioner and Mr.P.Kannithevan, learned Additional Government Pleader appearing for the respondent.

3.By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself. 4.In order to seek permission permitting the petitioner and his community people to celebrate the festival of Vazhavanthamman Temple at Pokkanarenthal Village, Ulaiyur Post, Thiruvarangam via,

Mudukulathur Taluk, Ramanathapuram District, scheduled to be held on 13.08.2019, the petitioner had given a representation to the respondent on 01.07.2019 and in this regard, the learned counsel appearing for the petitioner submits that last year itself, there had been a Peace Committee Meeting consisting of both communities and after the Peace Committee Meeting, certain decisions had been taken on 24.09.2018. In view of the said decision, if the respondent decides the representation of the petitioner dated 01.07.2019, after hearing both parties and final order is passed on or before 13.08.2019, the date on which the festival has already been scheduled, the petitioner would be satisfied. 5.I have heard Mr.P.

Kannithevan, learned Additional Government Pleader appearing for the respondent, who would submit that, in the last year festival itself, there has been a dispute between two communities people. Therefore, a Peace Committee Meeting was held on 24.09.2018, where among various decisions, a decision was also taken with regard to the festival to be conducted in future. According to which, both the community people can have their cultural programme and bursting of fire crackers only at the respective places and not in a common place or nearby the temple and the said position is to continue this year and the revenue people will take a decision, after inviting the both community people.

6.Having regard to the said submission made by both sides and taking note of the aforesaid factual matrix of the case, this Court is inclined to dispose of this writ petition with the following directions:- "that the respondent is hereby directed to have a Peace Committee Meeting inviting both community people, as have been held last year, where the representation of the petitioner dated 01.07.2019 can be placed and accordingly, after eliciting the views of both community people, a practical solution can be arrived at in order to ensure the law and order and to avoid any communal clash between the two communities or groups in that locality and accordingly, the respondent shall take a decision on the plea raised by the petitioner through his representation and final order shall be passed thereon, on or before 12.08.2019."

7.With the above directions, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CO) // True Copy // Sub Assistant Registrar(CS) rmk

To The Tahsildhar, Mudukulathur Taluk, Ramanathapuram District.

+1CC TO MR.S.M.MOHAN GANDHI, Advocate Sr. No.76068 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No. 76396 Order made in W.P.(MD)No.15927 of 2019 TR (23.07.2019) 3P 4C