Madras High Court
Karuppaiah vs The District Collector on 7 September, 2022
W.P.(MD)No.21396 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.09.2022
CORAM
THE HONOURABLE Mrs. JUSTICE V.BHAVANI SUBBAROYAN
Writ Petition (MD) No.21396 of 2022
Karuppaiah, S/o.Pichai .. Petitioner
Versus
1.The District Collector,
Office of the Collectorate Building,
Trichy District.
2.The Revenue Divisional Officer,
Office of the Revenue Division Office,
Pirattiyur,
Trichy District.
3.The Tahsildar,
Office of the Tahsildar,
Manapparai Taluk,
Trichy District.
4.The Superintendent of Police,
Office of the Superintendent of Police,
Trichy District.
5.The Inspector of Police,
Puthanatham Police Station,
Trichy District.
6.Selvam, S/o.Palani Chinnama Nayakam
7.Senthilkumar, S/o.Palani Chinnama Nayakam .. Respondents
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W.P.(MD)No.21396 of 2022
Prayer :- Petition filed under Article 226 of the Constitution of India praying
for issuance of a Writ of Mandamus, to direct the respondents 1 to 3 to
conduct an enquiry based on the petitioner's representation, dated 29.08.2022
and permit the petitioner as well as his community village people to participate
in the Kumbabishekam going to be held on 08.09.2022 for worshipping the
Temple of ''Shri Thenimalai Kannimar Amman, Shri Karuppasamy, Shri
Malaiyala Karuppu, Shri Pappathi Amman, Shri Sannasi and Shri Santhana
Karuppu Temple'', situated at Karuppur Village, Manapparai Taluk, Trichy
District.
For Petitioner : Mr.D.S.Haroon Rasheed
For Respondents 1 to 5 : Mr.N.Ramesh Arumugam
Government Advocate
ORDER
The petitioner has filed this Writ Petition seeking a direction to the
respondents 1 to 3 to conduct an enquiry based on his representation, dated
29.08.2022 and permit him as well as his community village people to
participate in the Kumbabishekam scheduled to be held on 08.09.2022 for
worshipping the Deities namely, Shri Thenimalai Kannimar Amman, Shri
Karuppasamy, Shri Malaiyala Karuppu, Shri Pappathi Amman, Shri Sannasi
and Shri Santhana Karuppu, at Karuppur Village, Manapparai Taluk, Trichy
District.
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W.P.(MD)No.21396 of 2022
2.The learned counsel for the petitioner submits that the petitioner was a
Poosari of the above said Temple and his father and forefathers were also
acting as Poosaris of the said Temple. As a hereditament, the petitioner's
family members were acting as Poosaris of the Temple. The Temple is a
public Temple and in the petitioner's Village many community people like,
Nayakkar, Muthiraiyar and other communities are residing. The petitioner
belongs to Muthiraiyar community. Every year, the Temple festival will be
conducted by consent of all the community people. While so, the respondents
6 and 7, who belong to Nayakkar community, are taking steps to conduct
Kumbabishekam on 08.09.2022 without informing other community people,
which shows the bias attitudes of the respondents 6 and 7, who are opposing
the other community people to participate in the Temple festival and there was
some wordy duel between the parties. The petitioner approached the
respondents 6 and 7 in order to participate in the Kumbabishekam as well as
the worshipping, but, they denied the same stating that the festival is only for
Nayakkar community people and they vehemently opposed other community
people to participate in the Temple festival and also for worshipping.
Therefore, the petitioner sent a representation to the respondents 1 to 5 on
29.08.2022. The said representation has not been considered so far. Hence,
the present Writ Petition.
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W.P.(MD)No.21396 of 2022
3.Mr.N.Ramesh Arumugam, learned Government Advocate, who takes
notice for the respondents 1 to 5, produced a report of the Revenue Inspector,
Pannapatti, dated 06.09.2022, which has been forwarded to the Tahsildar,
Manapparai, wherein it has been stated that the Revenue Inspector enquired
both the parties namely, the petitioner and other private individuals. During
the enquiry, the petitioner was asked to furnish the documents with regard to
his claim as Poosari of the said Temple. However, the petitioner has failed to
produce any documents in support of his claim. Further, Naicker community
people filed a suit in O.S.No.220 of 1998 for permanent injunction before the
District Munsif Court, Manapparai and the same was decreed. As per the
judgment and decree, dated 19.10.2001, passed by the District Munsif Court,
Manapparai, the Naicker community people have a right for conducting the
Temple festival and the petitioner herein or the Village Headman will not
interfere with the Temple festivals. No appeal has been filed against the said
judgment and decree passed by the District Munsif Court, Manapparai. As the
said fact is known to the petitioner, he has given a false complaint and
unnecessarily created problems in order to stop the Temple festival. Further,
during enquiry, the Naicker community people have also agreed for the
petitioner to participate in the Temple festival and he can also bring his
community people for worshipping and there is no tax collected from the
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W.P.(MD)No.21396 of 2022
general public. If there is any disturbance for the petitioner in participating the
Temple festival by Naicker community people, the Naicker community people
will abide by any action to be taken by the Government.
4.Heard the learned counsel for the petitioner and the learned
Government Advocate for the respondents 1 to 5 and perused the material
available on record.
5.Considering the above said facts and circumstances of the case, it is
seen that the third parties, namely, respondents 6 and 7 have agreed for the
petitioner to participate in the Kumbabishekam festival, which is scheduled to
be held on 08.09.2022. Hence, the petitioner is hereby directed to give an
affidavit, countersigned by a Notary Public, on 07.09.2022 [today] at 06.30
pm., to the third respondent/Tahsildar undertaking that he and the community
people will not create any problem in the Kumbabishekam festival, which is
scheduled to be held on 08.09.2022. Thereafter, the petitioner and their
community people will be permitted to participate in the Kumbabishekam
festival, which is scheduled to be held on 08.09.2022. If the petitioner or
others create any problem, the respondents 1 to 5 can take suitable action
against them. It is made clear that in the cultural programme, no person, who
is under the influence of alcohol, will be permitted to create unnecessary
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W.P.(MD)No.21396 of 2022
problems. The peace and tranquillity in the locality will be maintained by both
parties.
6.With the above observations and directions, this Writ Petition is
disposed of. No costs.
07.09.2022
Index : Yes/No
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Note:- Issue order copy on 07.09.2022.
To
1.The District Collector,
Office of the Collectorate Building,
Trichy District.
2.The Revenue Divisional Officer,
Office of the Revenue Division Office,
Pirattiyur,
Trichy District.
3.The Tahsildar,
Office of the Tahsildar,
Manapparai Taluk,
Trichy District.
4.The Superintendent of Police,
Office of the Superintendent of Police,
Trichy District.
5.The Inspector of Police,
Puthanatham Police Station,
Trichy District.
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W.P.(MD)No.21396 of 2022
V.BHAVANI SUBBAROYAN, J.
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Order made in
W.P.(MD)No.21396 of 2022
07.09.2022
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