S.Narayanasamy v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2022
CORAM
THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Writ Petition (MD) No.8888 of 2017 and W.M.P.(MD)Nos.6801 and 6802 of 2017 S.Narayanasamy .. Petitioner
Versus
1.The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai - 34.
2.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Pudukottai.
3.The Fit Person, Mariamman @ Selliamman Temple, Sundampatti Village, Gandarvakottai Taluk, Pudukottai District.
4.The Tahsildar, Gandarvakottai Taluk, Gandarvakottai, Pudukottai District.
5.The Inspector of Police, Gandarvakottai Police Station, Gandarvakottai, Pudukottai District.
6.V.Saravanan .. Respondents 1/5
Prayer :- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records of the impugned order of the fourth respondent, dated 06.05.2017, quash the same as illegal and consequently, permit the petitioner and the Villagers to conduct the Chithirai festival of Mariamman @ Selliamman Temple, situated at Sundampatti Village, Gandarvakottai Taluk, Pudukottai District. For Petitioner :
Mr.R.R.Kannan For R1, R2, R4 & R5 :
Mr.P.T.Thiraviam Government Advocate For R3 :
Mr.G.Madhavan For R6 :
Mr.D.Parisuthanathan
ORDER
The petitioner has filed this Writ Petition seeking to quash the restrictive order passed by the fourth respondent / Tahsildar, restraining the Villagers from conducting the Temple festival on 06.05.2017. 2.The learned Government Advocate appearing for the respondents 1, 2, 4 and 5 submitted that with regard to conduct of Sri Selli Amman @ Sri Mariamman Temple festival from 10.05.2022 to 23.05.2022, the petitioner has made a representation, for which, the sixth respondent objected the same. Hence, a peace committee meeting was held before the fourth respondent herein on 09.05.2022 at 03.30 p.m., in which, more than 65 persons 2/5
participated, including the rival group led by the sixth respondent. The learned Government Advocate has also produced a report of the fourth respondent/Tahsildar, dated 09.05.2022, which shows that in the years 2018 and 2019, the Temple festival was conducted. In the years 2020 and 2021, due to Covid-19 Pandemic, the festival could not be conducted. Further, finding that there is a rivalry between the petitioner and the sixth respondent, it was resolved in the peace committee meeting that the Temple festival for the year 2022 would be conducted by one Karunanithi, S/o.Saminathan. 3.Now, the Temple festival has been conducted regularly in a peaceful manner and the only obstacle is pendency of W.P.(MD)Nos.2435 of 2015 and 12586 of 2018. In view of the order passed by this Court, today [04.07.
2022] in the above two Writ Petitions, advising the parties to work out their remedies in the manner known to law, since the Executive Officer has already been appointed and under the guidance of the Executive Officer, the entire Village people can participate in the Temple festival. The Executive Officer as well as the Revenue Officials taking note of the law and order situation, can seek appropriate police protection for peaceful conduct of the Temple festival.
4.With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. 04.07.2022 Index : Yes/No smn2 To 1.The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai - 34.
2.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Pudukottai.
3.The Fit Person, Mariamman @ Selliamman Temple, Sundampatti Village, Gandarvakottai Taluk, Pudukottai District.
4.The Tahsildar, Gandarvakottai Taluk, Gandarvakottai, Pudukottai District.
5.The Inspector of Police, Gandarvakottai Police Station, Gandarvakottai, Pudukottai District.
4/5
M.NIRMAL KUMAR, J.
smn2 04.07.2022 5/5