M.S.Ramachandran v. The Revenue Divisional Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.04.2017
CORAM
THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P(MD)Nos.5953 and 6089 of 2017 and W.M.P.(MD) No.4692 of 2017 in W.P.(MD) No.5953 of 2017 and W.M.P.(MD) Nos.4795 and 4796 of 2017 in W.P.(MD) No.6089 of 2017 M.S.Ramachandran ..Petitioner in W.P.(MD) No.5953 of 2017 C.Palanivel ..Petitioner in W.P.(MD) No.6089 of Vs 1.The Revenue Divisional Officer, Iluppur Division, Pudukottai District.
2.The Tahsildar, Ponnamaravathi Taluk, Ponnamaravathi, Pudukottai District.
3.P.L.Subbaiah ..Respondents in both petitions Prayer in W.P.(MD) No.5953 of 2017 : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent to ensure and to ascertain that the Pongal Festival of Arulmigu Sri Maha Ezhuvakka Nachiamman Temple, Kandeduthanpatti, Pudukottai scheduled to be celebrated on 08.04.2017 will be conducted in a smooth and peaceful manner by all the villagers jointly without claiming any right of Ambalam on Honour or first respect by anybody on the basis of the order passed by the 1st respondent on 01.04.2017.
Prayer in W.P.(MD) No.6089 of 2017 : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned peace committee order dated 01.04.2017 passed by the 1st respondent and quash the same and consequently direct the 1st respondent to conduct a fresh peace Committee meeting after affording proper opportunity to all parties who were parties to the original 2nd respondent proceedings in peace committee dated 30.03.2017 in Na.Ka.No.1708/2017/A3. For Petitioner in W.P.(MD) No.5953 of 2017 :Mr.Babu Rajendran
For Petitioner in W.P.(MD) No.6089 of 2017 :Mr.AN.Ramanathan For Respondents 1 & 2 : Mr.K.Mahesh Raja in both petitions Government Advocate COMMON ORDER The Petitioner in W.P.(MD) No.5953 of 2017 has approached this Court seeking a direction to the 1st respondent to ensure and to ascertain that the Pongal Festival of Arulmigu Sri Maha Ezhuvakka Nachiamman Temple, Kandeduthanpatti, Pudukottai scheduled to be celebrated on 08.04.2017 will be conducted in a smooth and peaceful manner by all the villagers jointly without claiming any right of Ambalam on Honour or first respect by anybody on the basis of the order passed by the 1st respondent on 01.04.2017. 2.The Petitioner in W.P.(MD) No.6089 of 2017 has approached this Court seeking quashment of the impugned peace committee order dated 01.04.
2017 passed by the 1st respondent and consequently to direct the 1st respondent to conduct a fresh peace Committee meeting after affording proper opportunity to all parties who were parties to the original 2nd respondent proceedings in peace committee dated 30.03.2017 in Na.Ka.No.1708/2017/A3. 3.Since both the writ petitions are in relation to the conduct of Pongal Festival of Arulmigu Sri Maha Ezhuvakka Nachiamman Temple, Kandeduthanpatti, Pudukottai, they are taken up together for disposal.
4.According to the petitioners, the Pongal Festival in relation to Arulmigu Sri Maha Ezhuvakka Nachiamman Temple, Kandeduthanpatti, Pudukottai is to be conducted on 08.04.2017 and in the temple festival there is a difference of opinion between the petitioners and the third respondent as to who should get the "First Respect" and other Honours during the festival. In order to arrive at a settlement between the rival claimants, it appears a Peace Committee Meeting was held by the official respondents in which the rival claims have been considered on 30.03.2017 and 01.04.2017. In the Peace Committee Meeting it has been resolved that the temple festival will be conducted without any privileges to either of the contesting parties.
5.I have heard the learned counsels appearing for the petitioners and the learned Government Advocate appearing for the respondents 1 and 2 in both petitions.
6.According to the learned Government Advocate appearing for the respondents 1 and 2, a decision has been taken to conduct the Pongal Festival of Arulmigu Sri Maha Ezhuvakka Nachiamman Temple, Kandeduthanpatti, Pudukottai without giving any "First Respect" to either of the claimants and such festival will be conducted as in
the past since 2014 and the same will be continued in this year also. According to the learned Government Advocate appearing for the respondents 1 and 2, this was the decision taken in the Peace Committee Meeting and the same will be implemented. 7.Recording the submissions made on behalf of the learned Government Advocate appearing for the respondents 1 and 2, these Writ Petitions are disposed of with a direction to the respondents 1 and 2 to conduct the Pongal Festival of Arulmigu Sri Maha Ezhuvakka Nachiamman Temple, Kandeduthanpatti, Pudukottai without giving special honours i.e., "First Respect" or any other form of Honour to any of the parties to either of the claimants.
The respondents 1 and 2 should also ensure that the Pongal Festival of Arulmigu Sri Maha Ezhuvakka Nachiamman Temple, Kandeduthanpatti, Pudukottai is conducted peacefully without any untoward incident by any of the parties. Consequently, connected Miscellaneous Petitions are closed. There shall be no order as to costs. Sd/- Assistant Registrar(AD-II) /True Copy/ Sub-Assistant Registrar To 1.The Revenue Divisional Officer, Iluppur Division, Pudukottai District.
2.The Tahsildar, Ponnamaravathi Taluk, Ponnamaravathi, Pudukottai District.
+1 CC TO MR.AN.RAMANATHAN,ADVOCATE,SR NO.50588 +1 CC TO MR.BABU RAJENDERAN,ADVOCATE,SR NO.50589 +1 cc to Special Government Pleader SR.No.50988 sj MAS/RR/SAR3:05.04.2017:3P-6C W.P(MD)Nos.5953 and 6089 of and W.M.P.(MD) No.4692 of 2017 in W.P.(MD) No.5953 of and W.M.P.(MD) Nos.4795 and 4796 of 2017 in W.P.(MD)o.6089 of 2017 Delivered on 06.04.2017