Madras High Court
Natarajan vs The Revenue Divisional Officer on 4 May, 2023
W.P(MD)No.11279 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04.05.2023
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P(MD)No.11279 of 2023
and
W.M.P(MD) Nos.9845 and 9846 of 2023
1.Natarajan
2.Rajangam
3.Veluthurai
4.Govindan
5.Mahendran ... Petitioners
Vs.
1. The Revenue Divisional Officer,
Sivagangai, Sivagangai District.
2. The Thasildar,
Manamadurai Taluk, Sivagangai District.
3. The Joint Commissioner,
Hindu Religious and Charitable
Endowment Department, Sivagangai,
Sivagangai District.
4. The Assistant Commissioner,
Hindu Religious and Charitable
Endowment Department, Sivagangai,
Sivagangai District.
5. The Manager,
O/o. the Sivagangai Devasthanam,
Sivagangai, Sivagangai District. ... Respondents
https://www.mhc.tn.gov.in/judis
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W.P(MD)No.11279 of 2023
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus, directing the 5th respondent to allow the
petitioners to conduct 5th day Mandagapadi as celebrated as per the tradition for
the Chithirai Festival of Arulmigu Sri Veera Alagar for the year 2023 as per the
Judgement passed by the District Munisif cum Judicial Magistrate,
Manamadurai in O.S.no. 114/2004 dated 20.04.2005.
For Petitioners : Mr.K.C.Ramalingam
For Respondents : Mr.D.Gandhiraj
Special Government Pleader for R1 - R4
Mr.S.Madhavan for R5
ORDER
This writ petition has been filed, seeking a mandamus to the fifth
respondent to allow the petitioners to conduct the fifth day Mandagapadi
celebration as per the tradition for the Chithirai Festival of Arulmigu Sri Veera
Alagar for the year 2023, based on the Judgment dated 20.04.2005 in O.S.No.
114/2004, passed by the learned District Munsif cum Judicial Magistrate,
Manamadurai.
2. Learned counsel appearing for the petitioners would submit that
the petitioners are the residents of Seikalathur Village, Manamadurai. The
petitioners want to conduct the fifth day Mandagapadi celebration as per the
https://www.mhc.tn.gov.in/judis
W.P(MD)No.11279 of 2023
tradition and customs for the Chithirai Festival of Arulmigu Sri Veera Alagar for
the year 2023, as per the Judgment and decree passed by the lower Court in
O.S.No.114/2004, dated 20.04.2005, by considering the representation of the
petitioners dated 26.04.2023.
3. Per contra, learned Special Government Pleader appearing for
the respondents 1 to 4 would submit that there was a dispute between the two
villagers for mentioning their names in the festival invitation, for which the
respondents have conducted a peace committee meeting and arrived at a
conclusion that the fifth respondent undertakes to conduct the said festival in a
peaceful manner and without challenging the decision of the peace committee
meeting dated 23.04.2023, the petitioners have filed the present writ petition,
which is not maintainable.
4. Learned counsel appearing for the fifth respondent would submit
that a peace committee meeting was held and in the said meeting, the Revenue
Tahsildar has already taken a decision that the fifth respondent will be
conducting the festival in order to resolve the dispute between the parties.
Accordingly, he prayed for dismissal of the writ petition.
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W.P(MD)No.11279 of 2023
5. Heard the learned counsel for the petitioners, the learned Special
Government Pleader appearing for the respondents 1 to 4 and the learned
counsel for the fifth respondent.
6. The petitioners claim that as per the tradition and customs, the
petitioners' villagers are conducting the Fifth day Mandagapadi of Arulmigu Sri
Veera Alagar, however, there was a dispute with regard to mentioning the names
in the pamphlets. Thereby, the second respondent conducted the peace
committee meeting in which they arrived at a conclusion to hand over the right
to the fifth respondent Devasthanam. Since the temple belong to the fifth
respondent Devasthanam and a decision of the peace committee meeting was
taken on 23.04.2023, unless the petitioners challenge the said decision, the
present writ petition is not maintainable. Furthermore, the said festival is
scheduled to be conducted tomorrow and the petitioner chosen to file the
present writ petition today, which is not sustainable.
7. Accordingly, this writ petition is dismissed. However, the fifth
respondent is directed to conduct the Fifth day Mandagapadi Festival of
Arulmigu Sri Veera Alagar by allowing the petitioners' villagers and other
village persons. It is needless to say that the law enforcing agency shall take
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W.P(MD)No.11279 of 2023
appropriate action against the persons who create law and order problem during
the festival. No costs. Consequently, connected miscellaneous petitions are
closed.
04.05.2023
Index :Yes/No
Internet :Yes/No
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To: -
1. The Revenue Divisional Officer,
Sivagangai, Sivagangai District.
2. The Thasildar,
Manamadurai Taluk, Sivagangai District.
3. The Joint Commissioner,
Hindu Religious and Charitable
Endowment Department, Sivagangai,
Sivagangai District.
4. The Assistant Commissioner,
Hindu Religious and Charitable
Endowment Department, Sivagangai,
Sivagangai District.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.11279 of 2023
M.DHANDAPANI, J.
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W.P(MD)No.11279 of 2023
04.05.2023
https://www.mhc.tn.gov.in/judis
