Chellapandi v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.07.2025
CORAM:
THE HONOURABLE MRS.JUSTICE S.SRIMATHY Chellapandi ... Petitioner Vs 1.The District Collector, Madurai District.
2.The Tahsildar, Peraiyur Taluk, Madurai District.
3.The Deputy Superintendent of Police, Madurai District.
4.A.Jayaraman 5.A.Gopal 6.C.Sumathi ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the file pertaining to the proceedings dated 07.06.2025, and set aside the same consequently, directing the second respondent to permit the petitioner and his community people to conduct the full moon festival starting from laying Muthurthakal and tying of yellow Kappu among the member of the community 7 days before the full moon day and the ending on the 8th day of the festival and may direct the third respondent to give protection while conducting the festival. 1/6
For Petitioner : Mr.J.Alaguram Jothi For Respondents : Mr.M.Lingadurai (for R1 & R2) Special Government Pleader M/S.M.Aasha (for R3) Government Advocate Mr.J.Madhu (for R4 to R6)
ORDER
The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to call for the file pertaining to the proceedings dated 07.06.2025, and set aside the same consequently, direct the second respondent to permit the petitioner and his community people to conduct the full moon festival starting from laying Muthurthakal and tying of Yellow Kappu among the member of the community 7 days before the full moon day and the ending on the 8th day of the festival and may direct the third respondent to give protection while conducting the festival.
2.The contention of the petitioner is that the petitioner belongs to the Arunthathiyay Community and they are living in Poosalapuram Village. From time immemorial, the forefathers and his relatives living in Poosalapuram have been worshiping the deity Arulmigu Sri Seelakari Amman as their community god situated at S.No.91/1, Poosalapuram Village, Peraiyur Taluk, Madurai District. 2/6
While so, the patta in respect of the property in S.No.91/1 has been issued in the name of one Rengan, instead of being given in the name of the temple. Every year, they have been celebrating the full moon day festival. All of a sudden, respondents 4 and 5 are claiming that they are the legal heirs of the said Rengan, and they refused to conduct the full moon day festival and sold the land in dispute to the sixth respondent along with the temple. 3.The learned counsel appearing for the respondents 4 to 6 submitted that a suit in O.S.No.65 of 2025, on the file of the District Munsif Court, Peraiyur, is already pending. The private respondents are claiming title over the disputed land in which, the temple is situated and the land and temple belongs to them. The petitioner is one of the defendants in the suit. Now, the petitioner is creating evidence by filing this writ petition.
4.The learned Special Government Pleader submitted that a Peace Committee meeting was already conducted on 07.06.2025 and there was no settlement arrived between the parties. Hence, they refused to grant permission to the conduct the full moon day festival.
5.There are rival claims and criminal proceeding have been initiated in Crime Nos.34 and 35 of 2025. Therefore, granting any permission to conduct a 3/6
festival would create law and order problem. Therefore, this Court is not inclined to entertain this writ petition.
6.Accordingly, this writ petition stands dismissed. However, the parties are at liberty to approach the learned District Munsif Court, Peraiyur, wherein a civil suit is pending in O.S.No.65 of 2025. The parties shall adhere to the judgment that would be rendered in the civil Court. No costs. 08.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes Vsg 4/6
To 1.The District Collector, Madurai District.
2.The Tahsildar, Peraiyur Taluk, Madurai District.
3.The Deputy Superintendent of Police, Madurai District.
5/6
S.SRIMATHY , J.
Vsg ORDER MADE IN DATED : 08.07.2025 6/6