Muthukumar v. The Joint Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.07.2022

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Muthukumar, S/o.Periyakaruppan .. Petitioner

Versus

1.The Joint Commissioner, Hindu Religious and Charitable Endowments, Sivagangai District, Sivagangai.

2.The Assistant Commissioner, Hindu Religious and Charitable Endowments, Sivagangai District, Sivagangai.

3.The State Rep. by The Inspector of Police, Thiruppathur Town Police Station, Sivagangai District.

.. Respondents Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents 1 and 2 herein to grant permission to the petitioner and his community people for worship the God and conducting the ''Annathanam Festival'' on 29.07.2022 in Sri Suyambu Solaichatha Ayyanar, Vazhai Sathaya Ayyanar Temple nearby land, situated at Thiruvidaiyarpatti Village, Thiruppathur Taluk, Sivagangai District, consequently, direct the third respondent herein to provide protection for Annathanam, based on the petitioner's representations dated 25.07.2022 and 27.07.2022.

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For Petitioner :

Mrs.A.Banumathy For Respondents :

Mr.M.Lingadurai Special Government Pleader

ORDER

The petitioner, who is the resident of Thiruvidaiyarpatti, Thiruppathur Taluk, Sivagangai District, sent representations dated 25.07.2022 and 27.07.2022, to the respondents informing that every year, in the Tamil month of Aadi, the petitioner's community people worshipping the deity named ''Sri Suyambu Solaichatha Ayyanar'', Vazhai Sathaya Ayyanar Temple and conducting Annathanam. In the present year, they decided to worship the deity on 28.07.2022 [today] and conduct Annathanam [Beast Virundhu] on 29.07.2022 [tomorrow] for 1500 people. Hence, sought Police protection and also co-operation of the Temple authorities.

2.Mr.M.Lingadurai, learned Special Government Pleader takes notice for the respondents and submits that there is some dispute with regard to two groups of people belonging to two different communities in respect of giving Honour and Kaalanji. The petitioner given a petition to the third respondent Police seeking Police Protection and C.S.R.No.290 of 2022 was assigned. The respondent Police sensing some trouble, referred the issue to the Tahsildar, Thiruppathur, for conducting a Peace Committee Meeting. Accordingly, Peace Committee Meeting was held on 27.07.2022, in which, both the 2/5

petitioner's community people viz., Muthuraiyyar community ['B' Party] and the other community people viz., Scheduled Caste Community ['A' Party] appeared and agreed that the Temple festival can be conducted in a peaceful manner. In respect of giving Honour, it was resolved that the same would be considered during the Chithrai Festival. 'A' Party has some objections with regard to other mode of worshipping. Further, the learned Special Government Pleader, on instructions, submits that now, both the parties have resolved the issue amicably.

3.The third respondent appeared in person before this Court and submits that as of now, there is no dispute with regard to conduct of Annathanam [Beast Virundhu]. The petitioner's party to maintain orderliness and there is no reason for any trouble. The third respondent Police also informs that already information has been given to the higher authorities and requested Police force to be deployed in the venue to ensure orderliness. 4.At this juncture, the learned counsel for the petitioner submits that the petitioner, who belongs to 'B' Party, undertakes that 'B' Party will not be a reason for any commotion and the entire festival would be conducted in a peaceful manner.

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5.Considering the above said submissions and on perusal of the materials, it is seen that though initially there were some difference of opinion between two groups, now, the issue has been resolved amicably. It is for the respondent Police to ensure the law and order and peace in that locality to prevail. Accordingly, this Writ Petition is disposed of. No costs. It is made clear that the respondent police on the ground reality to take appropriate action, including using of force.

Index : Yes/No 28.07.2022 Note:- Issue order copy today To 1.The Joint Commissioner, Hindu Religious and Charitable Endowments, Sivagangai District, Sivagangai.

2.The Assistant Commissioner, Hindu Religious and Charitable Endowments, Sivagangai District, Sivagangai.

3.The Inspector of Police, Thiruppathur Town Police Station, Sivagangai District.

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M.NIRMAL KUMAR, J.

smn2 Order made in 28.07.2022 5/5