P.Malaichamy v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.12.2022

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. (MD) No. 11992 of 2017 and W.M.P. (MD) Nos. 9224 to 9226 of 2017 P.Malaichamy ... Petitioner Vs.

1. The Revenue Divisional Officer, Melur, Revenue Divisional Office at Y.Othakadai, Madurai.

2. The Tahsildar, Taluk Office, Madurai South, Madurai.

3. S.Malaichamy ... Respondents Petition filed under Article 226 of the Constitution of India, for issue of Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the First Respondent in Peace Committee Meeting letter dated 24.06.2017 and quash the same as illegal and consequently direct the First Respondent to conduct the Peace Committee Meeting among the Petitioner's 1/5

community and the community people of the Third Respondent for conducting proposed temple festival to Arulmigu Sri Mandaiyamman Temple and Arulmigu Sri Pannarappan Temple at Kuthiraikuthi Village, Kusavankundu Panchayat, Madurai South Taluk, Madurai District, festival on 30.06.2017 to 02.07.2017. For Petitioner :

Mr. D.Senthil For Respondents 1 and 2:

Mr. P.Subbaraj Special Government Pleader

O R D E R

Heard Mr. D.Senthil, Learned Counsel for the Petitioner and Mr. P.Subbaraj, Learned Special Government Pleader appearing for the First and Second Respondents and perused the materials placed on record, apart from the pleadings of the parties.

2.

The Writ Petition has been filed challenging the Minutes dated 24.06.2017 of the Peace Committee Meeting conducted by the First Respondent and to consequently direct the First Respondent to conduct a Peace Committee Meeting with the community people of the Petitioner and the Third Respondent for conducting the festival of Arulmigu Sri Mandaiyamman Temple and Arulmigu Sri 2/5

Pannarappan Temple at Kuthiraikuthi Village, Kusavankundu Panchayat, Madurai South Taluk, Madurai District on 30.06.2017 to 02.07.2017. 3.

Having regard to the fact that the said period had already lapsed, Learned Counsel for the Petitioner seeks permission of the Court to withdraw the Writ Petition reserving the rights of the Petitioner 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 -vsthe 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.

4.

In view of the same, the Writ Petition is dismissed as withdrawn with the aforesaid clarifications. Consequently connected Miscellaneous Petitions are 3/5

closed. No costs.

15.12.2022 pkn Index : Yes/No Note: Issue order copy by 03.03.2023.

To

1. The Revenue Divisional Officer, Melur, Revenue Divisional Office at Y.Othakadai, Madurai.

2. The Tahsildar, Taluk Office, Madurai South, Madurai.

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P.D. AUDIKESAVALU, J.

pkn W.P.(MD) No. 11992 of 2017 Dated : 15.12.2022 5/5