Madras High Court
K.Velusamy vs The District Collector on 11 May, 2022
W.P.(MD).No.9697 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11.05.2022
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
AND
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.P.(MD).No.9697 of 2022
K.Velusamy ... Petitioner
Vs.
1.The District Collector,
Office of the Collectorate,
Karur District.
2.The Superintendent of Police,
Office of the Superintendent of Police,
Thanthonimalai,
Karur District.
3.The Deputy Superintendent of Police,
Karur,
Karur District.
4.The Tahsildar,
Manmangalam Taluk,
Karur District.
5.The Sub Inspector of Police,
Vangal Police Station,
Vangal,
Karur District.
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W.P.(MD).No.9697 of 2022
6.S.Velu ... Respondents
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 5 herein
to take appropriate action either by conducting a Peace Committee Meeting
between the rival factions of the worshippers and to conduct the festival and
car procession of Sri Mariamman, Sri Aravayee Amman and Sri Bagavathi
Amman, situated at Senappadi Village, Manmangalam Taluk, Karur District,
as per their usual practice, on the basis of the petitioner's representation,
dated 06.05.2022.
For Petitioner : Mr.V.Balaji
For R1 to R5 : Mr.N.Muthuvijayan
Special Government Pleader
For R6 : Mr.N.Shanmugaselvam
ORDER
(Order of the Court was made by KRISHNAN RAMASAMY,J.)
By consent of both parties, the Writ Petition is taken up for final
disposal at the admission stage itself.
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2. This Writ Petition is styled as pro bona publico seeking a writ of
Mandamus directing the respondents 1 to 5 to take appropriate action by
conducting a Peace Committee Meeting between the rival factions of the
worshippers and to conduct the festival and car procession of Sri
Mariamman, Sri Aravayee Amman and Sri Bagavathi Amman, situated at
Senappadi Village, Manmangalam Taluk, Karur District, as per their usual
practice, on the basis of the petitioner's representation, dated 06.05.2022.
3. The case of the petitioner is that there are 185 families in
Senappadi Village, Manmangalam Taluk, Karur District and they used to
celebrate festival for Sri Mariamman, Sri Aravayee Amman and Sri
Bagavathi Amman during the Tamil month of Chithirai. Usually, the date
and the manner in which the above festival has to be conducted will be
decided by the Executive Committee constituted under the supervision of
the Revenue Officials and the Police Officials, as per the Peace Committee
Meeting held in the year 1993. In the year 2018, the election of the
Executive Committee, without the supervision of the Revenue Officials and
the Police Officials, was challenged by the petitioner by way of filing a suit
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W.P.(MD).No.9697 of 2022
in O.S.No.120 of 2018 before the District Munsif Court, Karur and the same
was pending. Thereafter, a Peace Committee Meeting was conducted on
28.05.2019, by which, the 4th respondent Tahsildar refused to give
permission for conducting the temple festival separately by two factions
citing law and order problem. Thereafter, due to COVID – 19 lock down, no
festival was conducted.
4. On 14.04.2022, the Members belonging to the rival faction
arbitrarily elected themselves as the Executive Committee Members to
conduct the temple festival. Hence, the petitioner along with others made a
representation to the respondents 4 and 5 not to grant permission till a
mutual agreement was arrived. Based on the said representation, the fourth
respondent Tahsildar vide proceedings dated 29.04.2022, fixed a Peace
Committee Meeting to be held on 06.05.2022 at 3.00 p.m. But, the sixth
respondent has obtained an order in W.P.(MD).No.8611 of 2022, dated
29.04.2022, for conducting the temple festival and car procession from
08.05.2022 to 10.05.2022 and from 18.05.2022 to 20.05.2022 and a drama
on 18.05.2022, by suppressing the civil dispute, Peace Committee Order and
the proposed Peace Committee Meeting. Immediately, the petitioner along
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W.P.(MD).No.9697 of 2022
with others made their objection by way of representation to the respondents
1 to 5 on 06.05.2022 and the same is pending. But, the sixth respondent has
started for conducting second phase of Sri Mariamman Temple Festival
from 18.05.2022 to 20.05.2022. Therefore, without any other option, the
petitioner has filed the present Writ Petition seeking the aforesaid relief.
5. On behalf of the respondents 1 to 5, Mr.N.Muthuvijayan,
learned Special Government Pleader appeared and fairly submitted that
already they have called for a Peace Committee Meeting on 16.05.2022 and
they will conduct the Meeting and the issues between the petitioner and the
rival parties would be sorted out in the Peace Committee Meeting. For the
said Peace Committee Meeting, the Revenue Divisional Officer, Deputy
Superintendent of Police, Superintendent of Police, the petitioner, the sixth
respondent and other rival group members will be called for and a concrete
decision will be taken for conducting the Temple festival.
6. The learned counsel appearing for the sixth respondent also
submitted that he has no objection for conducting and to participate in the
Peace Committee Meeting scheduled on 16.05.2022.
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7. We have given anxious consideration for the said submissions
made by the counsel appearing for the petitioner as well as the learned
Special Government Pleader appearing for the respondents 1 to 5 and the
learned counsel appearing for the 6th respondent.
8. On 29.04.2022, this Court passed the following order in W.P.
(MD).No.8611 of 2022, which was filed by the 6th respondent.
“The prayer in this writ petition is to direct the
respondents herein to grant permission and protection to
conduct the temple and car festival on 08.05.2022 to
10.05.2022 and 18.05.2022 to 20.05.2022 and Drama on
18.05.2022 in pursuant of the temple festival of Arulmighu
''Sri Mariamman, Sri Bagavathi Amman, Sri Aravayee
Amman, Sri Renganathan Kovil'' situated at Senappadi Vangal
Post, Manmangalam Taluk, Karur District by considering the
petitioner's representation dated 25.04.2022.
2. Heard the learned counsel for the petitioner as well
as the learned Government Advocate (Crl. Side) appearing on
behalf of the respondents.
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W.P.(MD).No.9697 of 2022
3. In an identical matter, a Division Bench of this Court
in an order passed in W.P.(MD) No.8975 of 2017 dated
10.05.2017 [M.Sakthi Vs. State rep. by the Inspector of Police,
Odapatti Police Station, Odapatti, Theni District], had
granted permission to the petitioner therein to conduct
cultural programme on certain conditions. The said
conditions read as follows:
“a)The event shall be conducted in an organised and
peaceful manner without causing law and order problem.
b)There shall not be any obscene or vulgar scenes
during the dance performance by any one of the participants
or others.
c)The aadal padal Program shall be restricted between
6.00 pm., and 11.00 p.m.
d)If there is any violation of the above said conditions,
the respondents or the duly authorised officer is entitled to
take necessary action as per law and stop such performance.
e)In case if there is any discrepancy with regard to the
date on which the program is to be conducted, it would be
open to the respondent police to extend protection on some
other day after giving due notice to the petitioner".
4. This Court is of the view that similar conditions may
also be imposed in the present writ petition. Consequently, the
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W.P.(MD).No.9697 of 2022
Writ Petition Stands allowed. The petitioner is directed to pay
a sum of Rs.35,000/-(Rupees Thirty Five thousand only) as
costs to the credit of Government of Tamil Nadu, CMPRF in
IOB, Secretariat Branch, Chennai-9 (Account No.11720
10000 00070, IFSC Code: IOBA0001172) on or before
07.05.2022 and on receipt of the same, the third respondent is
directed to strictly adhere to the Standard Operating
Procedure adopted by the Government of Tamil Nadu and
grant permission to the writ petitioner to conduct the temple
and car festival on 08.05.2022 to 10.05.2022 and 18.05.2022
to 20.05.2022 and Drama on 18.05.2022 in pursuant of the
temple festival of Arulmighu ''Sri Mariamman, Sri Bagavathi
Amman, Sri Aravayee Amman, Sri Renganathan Kovil''
situated at Senappadi Vangal Post, Manmangalam Taluk,
Karur District subject to the aforesaid conditions. There shall
be no order as to costs”
9. Upon perusal of the order, it appears that the learned single Judge
of this Court heavily relied on the judgment of the Division Bench of this
Court, where similar writ petition was filed for the purpose of conducting
the cultural programme. The sixth respondent in the present writ petition
has filed the W.P.(MD).No.8611 of 2022 before the learned single Judge for
a direction to conduct the temple and car festival. Considering the request
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made by the petitioner, the order was passed by the learned single Judge,
relying upon the judgment passed by the Division Bench of this Court in
W.P.(MD).No.8975 of 2017, dated 10.05.2017. The said writ petition was
filed by one M.Sakthi in his individual capacity. The W.P.(MD).No.8611 of
2022 was also filed before the learned single Judge by an individual, who is
none other than the sixth respondent in the present writ petition. Relying
upon the judgment of the Division Bench, permission was granted to
conduct the temple and car festival.
10. In the present case, it appears that initially the process was
initiated by a group of people for conducting the temple festival and a Peace
Committee Meeting was also scheduled by the respondents 1 to 5 on
06.05.2022. Behind their back, the sixth respondent approached the Court
and obtained an order for conducting the temple and car festival. The sixth
respondent is well aware of the fact that the Peace Committee Meeting was
scheduled to be held on 06.05.2022 at 3.00 p.m. Due to the order passed by
the learned single Judge, on 29.04.2022, the respondents 1 to 5 have not
conducted the Peace Committee Meeting and it created unnecessary
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W.P.(MD).No.9697 of 2022
confusion among the auhorities and the villagers. In the present case, the
petitioner has filed the writ petition in his individual capacity claiming that
he is representing for the group of people without filing any documentary
proof, for a direction against the respondents 1 to 5, to conduct the temple
festival and car procession in Sri Mariamman, Sri Aravayee Amman and Sri
Bagavathi Amman, situated at Senappadi Village, Manmangalam Taluk,
Karur District.
11. A perusal of the entire records and the order passed by the learned
single Judge of this Court and other proceedings as stated in the affidavit of
the petitioner would show that in both the cases, only individuals have filed
the writ petition without any authorisation either from the Festival
Committee or in the capacity as a representative of the Trust or Society or
Association of persons of the concerned temple. When the temple normally
be managed either by a Trust or by the Society or by the Association of
persons or by the particular Committee of the timple, in which case, duly
authorised person can represent the temple and file any of the writ petition,
if really anything is aggrieved over the order of the authorities to conduct of
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W.P.(MD).No.9697 of 2022
the temple festival and car procession. Certainly, in the present case, both
the petitioner as well as the sixth respondent are individuals and they are not
the authorised representative of any committee or Trust or Society or
Association of persons and no authorisation also filed in support of their
contention. If it is encouraged, it would not only invite rivalry among the
other individuals in the village but more number of writ petitions will be
filed in similar nature by the individuals for the similar relief from the same
village. If multiple orders are granted, there will be conflict in conducting
the temple festival and the same would create law and order issue
unnecessarily.
12. In W.P.(MD).No.12146 of 2018, learned single Judge of this
Court of which one of us party to the order viz., Hon'ble Justice
MR.D.KRISHNAKUMAR passed the following order in a similar situation.
“7. The application shall be submtited only by the
trustees of the Temple or the Committee of the Vizha
Kuzhuvinar or the organizers of the festival comittee before
the concerned respondent police. In the case on hand, the
petitioner has stated both in the affidavit filed in support of
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W.P.(MD).No.9697 of 2022
the writ petition as well as the representation that he is the
Secretary of the above said temple. Therefore, the petitioner is
directed to enclose a copy of the said representation along
with a copy of this order and the second respondent, on
receipt of such representation, shall consider the same on or
before 18.06.2018 in accordance with law, by taking into
consideration of the conditions imposed by this Court in W.P.
(MD).No.7911 of 2018, dated 12.04.2018, if there is no rival
claim to conduct the festival.”
13. Taking into consideration of the above, in order to avoid these
type of conflicts, we are of the considered view that to formulate the certain
procedures to be followed for the purpose of conducting the temple
festivals/car procession in the village and towns etc.,
(i) The temple normally managed either by the Temple Committee or
Trust or Society or Association of persons or village. In such case, they can
pass a resolution for conducting the temple festival etc., in accordance with
law and the authorities shall permit the same.
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(ii) In the event, if there is no such Committee or Trust or Society or
Association of persons, is managed the temple, the villagers where the
temple is situated has to form the festival committee to conduct the festival.
In such case, the festival committee shall pass the resolution to conduct the
festival etc. If necessary the concerned police shall give police protection
for the purpose to conduct the festival and car procession etc.
(iii) In case, if there is any dispute in the formation of the festival
committee, in such case, the concerned parties can make representation first
to the concerned District Superintendent of Police or Deputy Superintendent
of Police or Revenue Divisional Officer for conducting the Peace
Committee Meeting to conduct the festivals etc. Immediately after receipt
of the representation, the authorities shall conduct the Peace Committee
Meeting for the purpose of conducting the festival etc.
14. Conducting and celebrating the festivals by the citizens of this
State is the customary rights. Therefore, the authorities as much as possible
arrive at a solution in a Peace Committee Meeting to conduct the festivals.
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W.P.(MD).No.9697 of 2022
In the event, if the authorities expect any law and order issue, it is the duty
of the concerned authorities to take appropriate action and provide police
protection to conduct the festivals in a peaceful manner.
15. Therefore, without following the above procedure, any challenge
is made or direction is sought, the same is not permissible and the same is
pave way for infighting among the villagers and ultimately creating the law
and order problems. In order to avoid such situation, the respective
authorities are directed to follow the procedure as stated above.
16. In the present case, since the official respondents have already
scheduled for conducting the Peace Committee Meeting on 16.05.2022, this
Court directs the authorities to conduct the Peace Committee Meeting in the
presence of Revenue Divisional Officer, Deputy Superintendent of Police,
the petitioner, sixth respondent and other persons those who are aggrieved
over, the authorities feels it is necessary to appear for the Peace Committee
Meeting.
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W.P.(MD).No.9697 of 2022
17. With the above directions, this Writ Petition is disposed of.
However, there will be no order as to costs.
(D.K.K., J.) (K.R.,J.)
11.05.2022
Index :Yes/No
Internet :Yes/No
Note: The Registry is directed to upload this order
by today itself.
akv
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W.P.(MD).No.9697 of 2022
D.KRISHNAKUMAR, J.
and
KRISHNAN RAMASAMY, J.
akv
W.P(MD)No.9697 of 2022
11.05.2022
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