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Madras High CourtWP(MD)/31469/2024disposed of

Arulmigu Sri Santhanamari Amman Thirukovil Committee v. The District Collector

2025-01-03Honourable Mr Justice M. Nirmal Kumar7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.01.2025 CORAM :

THE HONOURABLE MR.JUSTICE M. NIRMAL KUMAR W.P.(MD)No.31469 of 2024 Arulmighu Sri Santhanamari Amman Thirukovil Committee Rep. through its Secretary A.Mayilerum Perumal 2nd Street, Pakkilpuram Thoothukudi

...Petitioner

Vs.

1. The District Collector Thoothukudi District Thoothukudi

2. The Revenue Divisional Officer Collectorate Campus Thoothukudi

3. The Tahsildhar Thoothukudi Thoothukudi District

4. The Superintendent of Police Thoothukudi District Thoothukudi

5. The Inspector of Police Thoothukudi South Police Station Thoothukudi 1/7

6. Ramasubramanian

7. Ramakrishnan 8.Arumugakumar ... 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 5 to consider petitioner's representation dated 09.12.2024 and 14.12.2024 and direct the fifth Respondent to provide appropriate police protection for the arrangements and conducting of the Kumbabhishekam to the Petitioner Temple/ Arulmigu Sri Santhanamari Amman Thirukovil situated at Ramasamypuram, Thoothukudi District from 01.02.2025 to 03.02.2025 For Petitioner : Mr.M.Karuppasamy For Respondents : Mr.M.Muthumanikkan Nos.1 to 3 Government Advocate(Crl.Side) For Respondents : Mr.A.Thiruvadikumar No.4 and 5 Additional Public Prosecutor

ORDER

The Writ Petition has been filed to direct the respondents 1 to 5 to consider petitioner's representation dated 09.12.2024 and 14.12.2024 and direct the fifth Respondent to provide appropriate police protection for the arrangements and conducting of the Kumbabhishekam to the 2/7

Petitioner Temple/ Arulmigu Sri Santhanamari Amman Thirukovil situated at Ramasamypuram, Thoothukudi District from 01.02.2025 to 03.02.2025 .

2. The contention of the petitioner is that the temple is more than 150 years old temple and it belongs to Panniyar Community. Since the temple is in dilapidated condition , a committee was formed in the year 2012 to remove it and build a new structure and perform Kumbabhishekam. In the said Committee the sixth respondent was appointed as Chairman. Even after three years the construction work was not completed hence the other members of the said Committee and other persons who donated for the construction of the temple at the earliest for which they have approached the sixth respondent. The sixth respondent has not properly responded. The sixth respondent got offended and his behaviour changed. Further the sixth respondent is a licensed gun holder and he used to threatened others using gun. Later on the complaint of the petitioner and others the gun was deposited with the fifth respondent. Thereafter too the attitude of the respondents 6 to 8 never changed. They are continuously threatening the petitioner and others. Now the 3/7

Panthakal function is to be held on 10.01.2025 and Kumbabhishekam to be held from 01.02.2025 to 03.02.2025, hence he has filed the present petition.

3. The learned Additional Public Prosecutor submitted there are two groups in the village and both the groups are making allegations and counter allegations against each others. Further the is also a law and order issue. Hence the matter is referred to the Revenue Divisional Officer, Thoothukudi vide LIR No. 130 of 2024 and it is pending.

4. In view of the same, the Revenue Divisional Officer, Thoothukudi is directed to issue summons to the petitioner as well as respondents 6 to 8 and conduct enquiry. The fifth respondent is directed to inform the petitioner's group as well as counter group about the pendency of the matter before the Revenue Divisional Officer, Thoothukudi. Both the parties are directed to appear before the Revenue Divisional Officer, Thoothukudi on 06.01.2025. The Revenue Divisional Officer, Thoothukudi is directed to take decision well in advance before commencement of Panthakaal festival on 10.01.2025 so that 4/7

Kumbabhisekam can be held without delay. The respondent police is directed to take adequate steps to maintain law and order issue.

5. With the above direction, the Writ Petition stands disposed of. No costs.

03.01.2025 NCC :Yes/No Index :Yes/No Internet : Yes/ No aav Note: Issue order copy on 03.01.2025 To

1. The District Collector Thoothukudi District Thoothukudi

2. The Revenue Divisional Officer Collectorate Campus Thoothukudi

3. The Tahsildhar Thoothukudi Thoothukudi District

4. The Superintendent of Police Thoothukudi District Thoothukudi

5. The Inspector of Police 5/7

Thoothukudi South Police Station Thoothukudi 6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

6/7

M. NIRMAL KUMAR, J aav W.P.(MD)No.31469 of 2024 03.01.2025 7/7