Madras High CourtWP(MD)/14831/2014withdrawn dismissed

M. Palani, v. The District Collector

2022-12-15Honourable Mr Justice P.D.Audikesavalu7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.12.2022 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU 1.M.Palani 2.M.Thangarasu 3.P.Subramani ... Petitioners Vs.

1.The District Collector, Trichy, Trichy District.

2.The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai.

3.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Trichy.

4.The Superintendent of Police, Trichy.

5.The Deputy Superintendent of Police, Trichy.

6.The Revenue Divisional Officer, Musiri, Trichy District.

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7.The Tahsildar, Thottiam, Trichy District.

8.The Fit Person/Executive Officer, Arulmigu Shri Valliswaraswamy Thirukovil, Shri Rama Samuthiram, Thottiam Taluk, Trichy District.

9.Pichai Muthu 10.Balasubramani 11.St @ Thangavel 12.M.K.Thangavel 13.Murugesan 14.Velusamy 15.K.P.Ponnusamy 16.Kandasamy.N 17.Velusamy 18.Kandasamy.K 19.Sakthivel ... Respondents PRAYER: Writ Petition filed under Article 226 of the constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 to 7 to peace committee decision dated 05.04.2012, vide proceedings of 7th respondent i.e., Tahsildar, Thottiam in the forthcoming temple festival of Arulmigu Pillaiyar Temple, Arulmighu Kaliamman Temple, and Arulmigu Pidari Amman Temple in Surampatti Village, Kidaram Group, Thottiam Taluk, Trichy District by deputing their officials also by giving necessary help and adequate protection to celebrate the festival in future.

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For Petitioners : Mr. AL.Kannan For R1 to R3, R6 & R7 : Mr. P.Subbaraj Special Government Pleader For R4 & R5 : Ms. M.Aasha Government Advocate (Crl. Side) For R8 : Mr. R.R.Kannan For R9 to R18 : Mr. P.Parthiban For R19 : Mr. N.Karthikanna

ORDER

Heard Mr. AL.Kannan, Learned Counsel for the Petitioners, Mr. P.Subbaraj, Learned Special Government Pleader appearing for the First to Third, Sixth and Seventh Respondents, Ms. M.Aasha, Learned Government Advocate (Criminal Side) appearing for the Fourth and Fifth Respondents, Mr. R.R.Kannan, Learned Counsel for the Eighth Respondent, Mr. P.Parthiban, Learned Counsel for the Ninth to Eighteenth Respondents and Mr. N.Karthikanna, Learned Counsel for the Nineteenth Respondent and perused the materials placed on record apart from the pleadings. 2.

The Writ Petition has been filed for directing the First to Seventh Respondents to carry out the decision of the peace committee meeting taken 3/7

on 05.04.2012 with regard to the Temple festival of Arulmigu Pillaiyar Temple, Arulmighu Kaliamman Temple and Arulmigu Pidari Amman Temple in Surampatti Village, Kidaram Group, Thottiam Taluk, Trichy District. 3.

Having regard to the fact that the said period had already lapsed, Learned Counsel for the Petitioners seeks permission of the Court to withdraw the Writ Petition reserving the rights of the Petitioners to seek appropriate relief regarding the same disputes, if such occasion arises in future, and he has made an endorsement to that effect in the court record. It is needless to add here that as observed by the Division Bench of this Court in the decision in Varadaraj -vs- the District Revenue Officer, Collector Officer, Perambalur District (Order dated 15.11.2019 in W.A. No. 3813 of 2019), the right to free worship, which is protected under Article 25 of the Constitution, can be regulated and efforts should be made by the concerned authorities to conduct the festivals, particularly where there is no prohibition for the same, with the co-operation of all sections of the people in an amicable manner.

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In view of the same, the Writ Petition is dismissed as withdrawn with the aforesaid clarifications. No costs.

15.12.2022 ta Index : Yes/No Note : Issue copy of the order by 30.01.2023 To 1.The District Collector, Trichy, Trichy District.