M.Balamurugan vs The Commissioner
2023 Latest Caselaw 8792 Mad

                                                                       W.P.(MD).No.17607 of 2023



                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                             DATED : 21.07.2023

                                                     CORAM

                                  THE HONOURABLE MRS.JUSTICE S.SRIMATHY

                                          W.P.(MD).No.17607 of 2023
                                                    and
                                         W.M.P.(MD).No.14699 of 2023
                M.Balamurugan                                             ... Petitioner

                                                      Vs.

                1.The Commissioner,
                  Hindu Religious and Charitable Endowments Department,
                  Nungampakkam High Road,
                  Nungampakkam,
                  Chennai – 34.

                2.The Superintendent of Police,
                  Sivagangai, Sivagangai District.

                3.The Joint Commissioner,
                  Hindu Religious and Charitable Endowments Department,
                  Muthusamy Nagar,
                  Sivagangai.

                4.The Revenue Divisional Officer,
                  Devakottai Taluk,
                  Sivagangai District.

                5.The Tahsildar,
                  Devakottai Taluk,
                  Devakottai,
                  Sivagangai District.



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                                                                           W.P.(MD).No.17607 of 2023




                6.The Executive Officer,
                  Arulmigu Muthumariamman Thirukoil
                  Srirangapuram, Arunagiripattinam,
                  Devakottai,
                  Sivagangai District.

                7.The Inspector of Police,
                  Devakottai Nagar Police Station,
                  Devakottai, Sivagangai District.

                8.N.Karuppiah                                                 ... 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, 3 and 6 herein to take appropriate steps to conduct the Aadi Festival-2023 of
                Arulmigu Muthumariamman Temple, Srirangapuram, Arulnagiripattinam,
                Devakottai, Sivagangai District from 25.07.2023 to 03.08.2023 as per the order
                of this Court dated 29.07.2022 in W.A.(MD).No.782 of 2022 with adequate
                police protection.
                                     For Petitioner   : Mr.Isaac Mohanlal,
                                                        Senior Advocate,
                                                        For M/s.Isaac Chambers.

                                     For R-1 to R-5   : Mr.S.P.Maharajan,
                                                        Special Government Pleader.

                                     For R-7          : Mr.K.Sanjay Gandhi,
                                                        Government Advocate (Criminal Side)

                                     For R-8          : Mr.N.Dilip Kumar




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                                                                           W.P.(MD).No.17607 of 2023



                                                   ORDER

This Writ Petition is filed for Mandamus, directing the respondents

1, 3 and 6 herein to take appropriate steps to conduct the Aadi Festival-2023 of

Arulmigu Muthumariamman Temple, Srirangapuram, Arulnagiripattinam,

Devakottai, Sivagangai District from 25.07.2023 to 03.08.2023 as per the order

of this Court dated 29.07.2022 in W.A.(MD)No.782 of 2022 with adequate

police protection.

2. The petitioner and the 8th respondent belong to rival groups. The

petitioner group and the respondent group are having several litigations among

them. One such litigation was filed for the previous year function i.e. 2022 in

W.P.(MD).No.14425 of 2022 inter alia praying for Writ of Mandamus directing

the 2nd respondent therein to take immediate steps to conduct Aadi

Thiruvizha-2022 by following the procedures as per the order of the Joint

Commissioner. The said writ petition was disposed of vide order 07.07.2022.

However, the 8th respondent herein was aggrieved over the order and had filed

writ appeal in W.A.(MD)No.782 of 2022. Especially the 8th respondent is

aggrieved over the custom of selecting the person to take Sakthi Karagam

https://www.mhc.tn.gov.in/judis W.P.(MD).No.17607 of 2023

during the Aadi festival. After hearing the rival submissions the Hon'ble

Division Bench vide order dated 29.07.2022 has directed the rival groups to

conduct the Aadi festival jointly with certain conditions. Especially with regard

to Sakthi Karagam, it was directed that there shall be a drawing of lot by

putting the names of two members belonging to the Aghamudaiyar Community

and three members from the Pillaimar Community. However, the said order

was passed only for the festival which was conducted in the year 2022. Now,

the parties have come before this Court to conduct the festival for this year i.e.

2023.

3. While considering the claim of the petitioner group and the

respondents’ group, the Hon'ble Division Bench has recorded the facts which is

extracted hereunder:

11. Since the dispute between the appellant and the first respondent with regard to the administration and for taking Sakthi Karagam during Aadi Festival, is pending now in appeal and there is an order of status quo Commissioner, this Court is of the view that the practice that was being followed before the applications were filed, should be followed. All the parties have admitted before this Court that the mode by which the person to take Sakthi Karagam before the orders were passed by the Joint Commissioner, is not in dispute. The practice that was in vogue and being followed by the members of both the Communities is by

https://www.mhc.tn.gov.in/judis W.P.(MD).No.17607 of 2023

writing the names of five persons from the two different communities in a plain sheet and drawing a lot to select one member to perform and take Sakthi Karagam. Hence, pursuant to the order of the status quo granted by the Commissioner, this practice should be continued till the final decision is taken by the Commissioner in the appeals that are pending before the Commissioner. In such circumstances, the order passed by the learned Single Bench cannot be sustained and the directions of the learned Single Bench to convene the Peace Committee Meeting to take a decision on his own, cannot be sustained. The decision pursuant to the said meeting cannot be sustained. Accordingly, the order passed by the learned Single Bench of this Court in W.P.(MD).No.14425 of 2022, is set aside.

The consequential order passed by Tahsildar falls to the ground. It is to be noted that the Tahsildar in his order interpreted the order of status quo as one relating to framing of scheme ignoring the order in O.A.No.4 of 2018.”

4. It is seen from the records already the two groups have filed an appeal

before the Commissioner of HR & CE Department and the same is pending. In

fact, the Hon'ble Division Bench has directed the Commissioner to consider the

appeal. The Hon’ble Division Bench further held that until then the parties shall

follow the practice of selecting the person, who would carry the Sakthi

Karagam. The same is extracted hereunder:

“12. From the peculiar facts of this case and the development, this Court is of the view that some arrangements in the interest of both is required as the festival for this year has already commenced. Therefore, the

https://www.mhc.tn.gov.in/judis W.P.(MD).No.17607 of 2023

festival for this year can be celebrated/ conducted jointly by both the Communities as it was being done all along. With regard to Sakthi Karagam, there shall be a drawing of lot by putting the names of two members belonging to the appellant Community and three members from the first respondent Community. Thereafter, the person whose name is taken by drawing lot among the five members shall take Sakthi Karagam, and this arrangement is only for this year.” .

5. However it was submitted by both the petitioner and the respondents a

slight modification may be incorporated in the said direction. Instead of “two

members belonging to the appellant Community and three members from the

first respondent Community”, both the community may be directed to give five

members. Therefore, this Court is confirming the order passed by the Hon’ble

Division with a modification that the petitioner community shall give five

members and the 8th respondent community shall give five members. This Court

is also directing the parties to follow the same practice for this year i.e. 2023 as

well as for the coming years, until the disposal of the appeal pending before the

Commissioner.

6. The Learned Counsel appearing for the 8th respondent submitted that

last year inspite of order, the festival was not conducted. Infact after the

judgment rendered in the writ appeal, subsequently it was mentioned before the

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Hon'ble Division Bench and the Hon'ble Division Bench also passed another

order dated 01.08.2022 and the same is extracted hereunder:

“2. Hence, the Executive Officer of the Temple is now directed to get police protection and conduct the festival under his supervision. The Executive Officer of the Temple is directed to approach the District Superintendent of Police, Sivagangai for adequate police protection to conduct the festival and the District Superintendent of Police, Sivagangai is directed to give adequate police protection for the smooth conduct of the festival and to ensure that the order of this Court with regard to Sakthi Karagam is implemented in its letter and spirit. In case, the respondent group is not inclined to give the names of persons representing their group to perform Sakthi Karagam, the Executive Officer shall select the person among the persons nominated by the appellant group by drawing lot among the persons so nominated”.

7. Inspite of the aforesaid two orders, the writ petitioner group had not

submitted the list of 5 names from their group to the Executive Officer, thereby

gave up their right. However, the respondents had given 5 names from their

group to the Executive Officer. Inspite of the same, the festival was not

conducted for the reasons best known to the petitioner as well as the Executive

Officer.

https://www.mhc.tn.gov.in/judis W.P.(MD).No.17607 of 2023

8. Hence, this Court directed the petitioner to submit an undertaking

affidavit that the petitioner will not stall the festival which would be conducted

this year. The petitioner has submitted the undertaking affidavit and the same is

extracted hereunder:

“4. I undertake that no other members of my community will object for the conduct of the Aadi Festival in terms of the Orders of the Hon'ble Division Bench dated 27.09.2022 in W.A.(MD)No.782 of 2022.

5. I also undertake that in the event of member of Aghamudaiyar community getting elected in the drawl of lot by naming 5 names from each community, we will cooperate for peaceful conduct of the Aadi Festival of the year 2023. We also expect very same cooperation from members of Aghamudaiyar community”

Accepting the undertaking, this Court is directing the petitioner and his

community to strictly follow this undertaking without any lapse and also not to

stall the festival in any manner.

9. The Executive Officer is directed to conduct the drawal of lot on

23.07.2023. Both the parties shall give a list of five persons by 22.07.2023

before 6.00 p.m.

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10. The Executive Officer shall seek police protection and the police

authorities shall grant adequate protection for the smooth conduct of the

festival. At the same time, it is the duty of the petitioner group as well as the 8 th

respondent group to cooperate with the officials in conducting the said festival

in a peaceful manner without giving room for any complaint whatsoever from

any quarter.

11. With the above direction, this Writ Petition is disposed of. There shall

be no order as to costs. Consequently, connected miscellaneous petition is

closed.

                                                                                     21.07.2023


                NCC               : Yes/No
                Index             : Yes / No
                Internet          : Yes/ No
                Nsr

                Note: Issue Order Copy on 24.07.2023.





https://www.mhc.tn.gov.in/judis
                                                                      W.P.(MD).No.17607 of 2023




                To

                1.The Commissioner,

Hindu Religious and Charitable Endowments Department, Nungampakkam, Chennai – 34.

2.The Superintendent of Police, Sivagangai, Sivagangai District.

3.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Muthusamy Nagar, Sivagangai.

4.The Revenue Divisional Officer, Devakottai Taluk, Sivagangai District.

5.The Tahsildar, Devakottai Taluk, Devakottai, Sivagangai District.

6.The Executive Officer, Arulmigu Muthumariamman Thirukoil Srirangapuram, Arunagiripattinam, Devakottai, Sivagangai District.

7.The Inspector of Police, Devakottai Nagar Police Station, Devakottai, Sivagangai District.

https://www.mhc.tn.gov.in/judis W.P.(MD).No.17607 of 2023

S.SRIMATHY, J.

Nsr

W.P.(MD).No.17607 of 2023

21.07.2023

https://www.mhc.tn.gov.in/judis