Madras High Court
R.Sivakumar vs B.Chandran on 8 March, 2022
W.A.No.447 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.03.2022
CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A.No.447 of 2022
1. R.Sivakumar
2. H.B.Arjunan
3. K.Kamaraj
4. R.Chandran
5. S.Ramji
6. A.KannaGowder .. Appellants
Vs.
1. B.Chandran
2. The District Collector
O/o District Collector
Udhagamandalam
Nilgiris - 643 001.
3. The Revenue Divisional Officer
O/o revenue Divisional Officer
Udhagamandalam
Nilgiris - 643 001.
4. The Tahsildar / Executive Magistrate
O/o The Tahsildar
Udhagamandalam
Nilgiris - 643 001.
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W.A.No.447 of 2022
5. The Superintendent of Police
O/o Superintendent of Police
Udhagamandalam
Nilgiris - 643 001. .. Respondents
Prayer: Appeal filed under Clause 15 of the Letters Patent against the
order dated 08.12.2021 in W.P.No.26218 of 2021.
For the Appellants : Mr.R.Sivakumar
For the Respondents : Mr.V.Vishwanathan
For Respondent 1
Mr.P.Muthukumar
State Government Pleader
For Respondents 2 to 5
JUDGMENT
(Delivered by the Hon'ble Chief Justice)
By this writ appeal, a challenge is made to the order dated
08.12.2021, whereby, the writ petition was disposed of with
acceptance of the prayer.
2. The writ petition was filed seeking implementation of the
order passed by the second respondent on 30.07.2021. It was to be
given effect to by the fourth respondent. Taking the prayer
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W.A.No.447 of 2022
simplicitor for the implementation of the order dated 30.07.2021
and as it was not opposed by learned Special Government Pleader,
the learned Single Judge disposed of the petition with the following
directions:
“8. Considering the facts and circumstances of the
case and without going into its merits, this Court directs the
4th respondent herein to implement the order dated
30.07.2021 passed by the 2nd respondent within a period of
four weeks from the date of receipt of a copy of this order, in
permitting the members and families of the B group in
performing their customary rites with respect to the
Kumbabishekam at Thodda Man and Hethai festival in
Hethai Mane and other festivals in Cinna Coonoor to be held
from 12.12.2021 to 27.02.2022, by giving adequate police
protection to them, as per the order passed y the 2nd
respondent.”
3. Learned counsel for the appellant submits that the order
passed by the learned Single Judge goes beyond the order dated
30.07.2021. The order dated 30.07.2021 does not permit
performance of customary rites with respect to the Kumbabishekam
at Thodda Mane and Hethai festival in Hethai Mane and other
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W.A.No.447 of 2022
festivals in Chinna Coonoor. Therefore, specific directions given in
paragraph 8 quoted above is going to cause disturbance among the
different communities residing in the area and therefore, the writ
appeal has been preferred. It is for the reason that the specific
directions given in paragraph 8 of the impugned order does not fall
in the sweep of order dated 30.07.2021 where, directions for A and
B parties were given after enquiry and that is also to maintain law
and order situation. The prayer is accordingly to set aside the order
of the learned Single Judge.
4. We have considered the submissions of learned counsel for
the appellant and perused the records.
5. The order dated 30.07.2021 sought to be implemented
refers to the order of the District Collector dated 19.11.2020,
regarding contribution from B party and it has to be accepted.
Paragraph 3 of the operative portion of the order dated 30.07.2021
reads as follow:
“3. Since “A” party members agreed to receive the
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W.A.No.447 of 2022
contribution from the “B” party people and as agreed by both
parties, it was ordered that the contribution of the “B” party
members must be accepted. Further, vide reference 3rd cited
proceedings it was also ordered that the Village Head be
elected by the general public in the presence of the Tahsildar,
Ooty.”
6. The direction quoted above is in favour of B party to
perform their customary rites in the festivals in Chinna Coonoor.
Paragraph 3 of the order dated 30.07.2021 takes into sweep all the
rituals and spiritual activities. Therefore, merely that few rituals and
spiritual activities have been referred to by the learned Single
Judge, it cannot be said that the order goes beyond the scope of
the order dated 30.07.2021. It seems to be the case where the
community is dividing the society with a view to keep their
dominance even in regard to participation in the rituals and spiritual
activities that even law and order situation remains in tact.
Therefore, after causing the enquiry, the order dated 30.07.2021
has been passed. The impugned order is not offending the order
dated 30.07.2021. Rather, it is in terms of the directions given
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W.A.No.447 of 2022
therein.
7. In view of the above, we do not find any error in the order
so as to cause interference for the reason that if one particular
community is permitted to participate in the rituals or spiritual
activities, it would cause law and order problem and if at all a
direction is given by the learned Single Judge, it would take its
course and the police would make appropriate arrangement for the
aforesaid. Mere threat cannot be accepted as a ground to challenge
the order when the decision was taken after causing enquiry on
30.07.2021.
8. The appeal is accordingly, dismissed. There will be no order
as to costs. Consequently CMP No.3255 of 2022 is also dismissed.
(M.N.B., CJ.) (D.B.C., J.)
08.03.2022
Index : Yes/No
kpl/drm
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W.A.No.447 of 2022
To
1. The District Collector
O/o District Collector
Udhagamandalam
Nilgiris - 643 001.
2. The Revenue Divisional Officer
O/o revenue Divisional Officer
Udhagamandalam
Nilgiris - 643 001.
3. The Tahsildar / Executive Magistrate
O/o The Tahsildar
Udhagamandalam
Nilgiris - 643 001.
4. The Superintendent of Police
O/o Superintendent of Police
Udhagamandalam
Nilgiris - 643 001.
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W.A.No.447 of 2022
THE HON'BLE CHIEF JUSTICE
AND
D.BHARATHA CHAKRAVARTHY, J.
kpl/drm
W.A.No.447 of 2022
08.03.2022
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