Suburamani v. State Rep By Its

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.12.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.(MD)No.26069 of 2022 and W.M.P.(MD).No.20207 of 2022 Subramani ... Petitioner vs.

1.State represented by the District Collector, Trichy District, Trichy.

2.The District Revenue Officer, District Revenue Office, Trichy District.

3.The Revenue Divisional Officer, Lalgudi RDO Office, Trichy District.

4.The Tahsildar, Lalgudi Taluk Office, Trichy District.

5.Visvanathan 6.Sami Kannu ... Respondents 1/7

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to consider the petitioner's representation, dated 13.10.2022 stating not to grant permission in order to conduct the Karthikai Deepa Thiruvizha on 20.11.2022 to 23.11.2022.

For Petitioner : Mr.S.B.Kayvin Prince For R1 to R4 : Mr.A.Kannan Additional Government Pleader For R5 & R6 : Mr.N.Anandakumar For Intervenor : Mr.B.Thanga Aravindh Government Advocate (Crl.side)

O R D E R

This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to consider the petitioner's representation, dated 13.10.2022 and not to grant permission in order to conduct Karthikai Deepa Thiruvizha on 20.11.2022 to 23.11.2022. 2/7

2. The case of the petitioner is that he is residing at Kumulur Village, Lalgudi Taluk, Trichy District and in his town, there are many temples viz., Sri Aayanar, Sri Nala Konkakiamman Temple, Valavanthan Sri Sangalikarupu, Sri Mathurai Veeran, Sri Kathavaran temple. Every year, in the month of Aadi - 18, they will celebrate the festival in a peaceful manner. Recently, few members are causing unnecessary trouble for conducting the temple festival. Therefore, on 30.07.2022, a peace committee meeting was conducted and they were allowed to conduct a temple festival only inside the temple premises and not allowed to pass through the Therodi Street with the chariot. On 02.09.2022, as per their customary practice, Udaiyar community people passed by Muthuraja Street to get the statue of Ganesh dissolved.

At that time, a quarrel arose between two community people and F.I.R has also been registered against few members. In the circumstances, people of Udayiar community asking permission to conduct another festival viz., Karthikai Deepa Thiruvizha. Hence, the petitioner has made a representation on 13.10.2022, to the respondents 1 to 6, requesting them not to grant permission for conducting the above mentioned festival.

representation was not considered, the present writ petition has been filed.

3. The learned Additional Government Pleader appearing for the respondents 1 to 3 would submit that as there was a law and order problem, some of the customs and rights were performed on two days and on the third day, the same was stopped and on the fourth day, cutting of animals alone was stopped and they directed the general public to perform it in their own land and the same was accepted by the people and they have also went away from the said temple premises and no untoward incident take place.

4. Heard the learned counsel for the petitioner, learned Additional Government Pleader appearing for the respondents 1 to 4, learned counsel appearing for the respondents 5 and 6 and the learned Government Advocate (Crl.side) appearing for the intervenor. 4/7

5. From the above facts, it is found that some few peoples are trying to stall all the functions. This Court is of the view that unless and until all the parties come together and give a joint petition before the concerned authorities, the petitioner and the private respondents cannot claim right over performing of the said festivals. Daily poojas has to be conducted in the said temple as usual and the festivals has to be conducted after getting prior permission from the Revenue authorities.

6. With the above observations, this Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed. 01.12.2022 akv 5/7

To 1.The District Collector, Trichy District, Trichy.

2.The District Revenue Officer, District Revenue Office, Trichy District.

3.The Revenue Divisional Officer, Lalgudi RDO Office, Trichy District.

4.The Tahsildar, Lalgudi Taluk Office, Trichy District.

6/7

V.BHAVANI SUBBAROYAN,J.

akv W.P.(MD)No.26069 of 2022 01.12.2022 7/7