Sethuraman. Ac v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.11.2022

CORAM

THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ and W.M.P.(MD).No.19354 of 2022 A.C.Sethuraman ... Petitioner Vs.

1.The District Collector, Office of the District Collector, Trichy.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Lalgudi, 3.The Assistant Commissioner, Office of the Assistant Commissioner, Hindu Religious Charitable and Endowment Board, Neelagiriswarar Thoppu, Theppakulam Theru, Tiruvanai Kovil, Trichy - 5.

4.The Inspector, Hindu Religious Charitable and Endowment Board, Manachanallur, 1/7

5.The Tahsildar, Manachanallur Taluk Office, 6.The Inspector of Police, Manachanallur Police Station, 7.Selvaraj

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 6 to prevent the 7th respondent from conducting Kumbabhisekam function at Sri Piramanar Temple, Manachanallur on 11.11.2022 or any other day unilaterally in pursuant to the orders dated 12.04.2022 and 12.10.2022 passed by the 4th and 5th respondents respectively and consequently direct the respondents 1 to 6 to ensure that the 7th respondent shall not conduct Kumbabishekam function unilaterally at Piramanar Temple, Manachanallur on 11.11.2022 or any other day without complying the peace committee meeting decision dated 09.03.2022 vide Na.Ka.No.Aa 1-004-2022 and on the basis of the petitioner's representation dated 03.10.2022. For Petitioner : Mr.B.Jameel Arasu For R-1 to R-3, R-5 : Mr.P.Subbaraj, Special Government Pleader.

For R-4 and R-6 : Mr.R.M.Anbunithi, Additional Public Prosecutor For R-7 : Mr.S.B.Kayvin Prince 2/7

ORDER

Though the Writ Petition has been filed for Mandamus, directing the respondents 1 to 6 to prevent the 7th Respondent from conducting Kumbabhisekam function at Sri Piramanar Temple, Manachanallur on 11.11.2022, however, today, when the matter is taken up for hearing, a joint compromise memo is filed before this Court by all the parties indicating that the Kumbabhisekam function can be conducted with adequate police protection, which reads as under:

"It is submitted that the writ petition was filed before this Hon'ble Court in W.P.(MD).No.25261 of 2022 praying for writ of Mandamus restraining the 7th Respondent from conducting Kumbabhisekam function at Sri Piramanar Temple, Manachanallur on 11.11.2022. When the Writ Petition came up for hearing today on 10.11.2022, it was agreed to by both the parties to file a Joint Compromise Memo, wherein, the following is agreed upon:

a)The petitioner shall not interfere with the conduct of the Kumbabishegam festival tomorrow.

b)The Respondents shall undertake to have the Kumbabishekam festival conducted and supervised by the Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Tiruvanai Kovil, Trichy with the help of the revenue authorities and with adequate police protection. 3/7

c)The petitioner shall be allowed to participate in the Kumbabishekam festival.

In the abovesaid circumstances, It is therefore prayed that this Hon'ble Court may be pleased to record the above submission of both parties and pass suitable orders."

2. The above joint compromise memo was filed in the presence of the officials of Hindu Religious Charitable and Endowments Department. Recording the same, this Court is of the view that the police authorities shall extend sufficient protection at the time of conduct of such Kumbabhisekam function. At the same time, it is the duty of the petitioner/7th Respondent / Festival Committee to co-operate with the officials in conducting the said Kumbabhisekam in a peaceful manner without giving room for any complaint whatsoever from any quarter. It is open to both the parties to participate in the Kumbabishekam festival conducted by the officials of the Hindu Religious and Charitable Endowments Department, which as indicated above, shall be conducted under the supervision of the Assistant Commissioner / 3rd Respondent. It is open to the revenue officials as well as the police to impose strict terms and conditions on the Temple for conducting Kumbabhisekam festival in order to avoid any untoward incident during such time. 4/7

3. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition stands closed. 10.11.2022 Index : Yes / No Internet : Yes/ No Lm Note: Issue order copy by 10.11.2022.

To 1.The District Collector, Office of the District Collector, Trichy.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Lalgudi, 3.The Assistant Commissioner, Office of the Assistant Commissioner, Hindu Religious Charitable and Endowment Board, Neelagiriswarar Thoppu, Theppakulam Theru, Tiruvanai Kovil, Trichy - 5.

4.The Inspector, Hindu Religious Charitable and Endowment Board, Manachanallur, 5/7

5.The Tahsildar, Manachanallur Taluk Office, 6.The Inspector of Police, Manachanallur Police Station, 6/7

MOHAMMED SHAFFIQ , J.

Lm and W.M.P.(MD).No.19354 of 2022 10.11.2022 7/7