Madras High Court
V.Kalirajan vs The District Collector on 18 May, 2023
W.P(MD)No.12207 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 18.05.2023
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P(MD)No.12207 of 2023
and
W.M.P(MD)No.10442 of 2023
1.V.Kalirajan
2.A.Rajendran ... Petitioners
Vs.
1.The District Collector,
Collectorate,
Tenkasi District,
Tenkasi.
2.The Revenue Divisional Officer,
Tenkasi.
3.The Tahsildar,
Thiruvenkadam Taluk,
Tenkasi.
4.The Superintendent of Police,
Tenkasi District,
Tenkasi.
5.The Deputy Superintendent of Police,
Sankarankovil,
Tenkasi.
1/8
https://www.mhc.tn.gov.in/judis
W.P(MD)No.12207 of 2023
6.The Inspector of Police,
Karivalamvanthanallur Police Station,
Tenkasi District.
7.M.Senthil Kumar
8.S.Gurusamy ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus, directing the respondents 1 to 4 herein
to consider their representation dated 15.05.2023 and pass appropriate
orders for police protection for celebration of Mandalapooja (48th day
Pooja) scheduled on 23.05.2023 in Arulmigu Vada Bathrakaali Amman
Thirukovil and Arulmigu Kalyanaveerabatharar Thirukovil at
Pillaiyarkulam Village, Thiruvenkadam Taluk, Tenkasi District, as per the
judgment and decree dated 05.01.2023 passed in A.S.No.99 of 2014 on the
file of the Sub Court, Sankarankovil.
For Petitioner : Mr.V.Meenakshisundaram
For R-1 to R-6 : Mr.P.Subbaraj
Special Government Pleader
For R-7 to R-8 : Mr.Arun Sabari
ORDER
By consent of both the parties, this writ petition is taken up for final
disposal at the admission stage itself.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.12207 of 2023
2. The petitioners herein belongs to Karaiyalar Maravar Community
based in Kulashekaraperi, Thiruvenkadam Taluk, Tenkasi District. The
members of the said hamlet have been permitted to offer worship at
Arulmigu Sri Vada Bathrakaali Amman Kovil at Pillayarkulam Village,
Thiruvenkadam Taluk, Tenkasi District on 23.05.2023 for the Mandalapooja
likely to be conducted after the Mahakumbabishegam which was conducted
on 05.04.2023. With respect to the said Temple, already the learned
Subordinate Judge's Court at Sankarankovil in A.S.No.99 of 2014 has
passed a judgment and decree on 05.01.2023. In furtherance to the same, the
seventh respondent herein filed W.P(MD)No.7550 of 2023 before this Court
with respect to the same Arulmighu Sri Vada Bathrakaali Amman Temple
directing the respondents 1, 2, 4 and 5 to take necessary action to prevent
the Mahakumbabishegam festival. However, the said writ petition was
dismissed, permitting the writ petitioners' community to conduct
Mahakumbabishegam and in line of the same Mahakumbabishegam was
conducted on 05.04.2023. Now this writ petition has been filed seeking to
pass appropriate orders for police protection for the celebration of
Mandalapooja that is the 48th day pooja scheduled on 23.05.2023 and the
learned Counsel for the petitioner sought to allow this writ petition.
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W.P(MD)No.12207 of 2023
3. The learned Special Government Pleader appearing for the
respondents 1 to 6 would vehemently submit that it is not possible to allow
both the communities of Maravar and Devendra Kula Velalar in the same
time to participate in the Mandalapooja citing law and order situation,
quoting previous experiences during several other celebrations pertaining to
the same Temple.
4. Heard the learned Counsel for the petitioner, learned Special
Government Pleader for the respondents 1 to 6 and the learned Counsel for
the respondents 7 to 8 and perused the materials available on record.
5. The learned Counsel for the writ petitioner submitted that being
vest with the right of management as well as the right of worship, the writ
petitioner should be permitted to conduct the Mandalapooja as well as to
participate in the said Mandalapooja from 06.00 am to 12.00 pm
Uchikaalapooja and thereafter, complete the Annadhanam till 03.00 pm,
since floating population of their community to a tune of at least ten
thousand people are expected to participate in the said function.
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W.P(MD)No.12207 of 2023
6. The learned Special Government Pleader in the presence of the
fifth respondent vehemently submitted that the community of the seventh
respondent can be allotted with a particular time after the time allotted to the
community of the writ petitioners to avoid the happening of any untoward
incident. However, the learned Counsel for the seventh respondent
vehemently argued that being a Mandalapooja they should be given the
right of worship at least in any of the time slot before the Uchikaalapooja,
which was categorically refuted by the authorities 1 to 6 concerned
especially, the fifth respondent. I would like to applaud the submissions
made by both the learned Counsel for the petitioner as well as the seventh
respondent, who fairly accepted the plight of the authorities to maintain the
law and situation during the fair conduct of Mahakumbabishegam and the
consecutive Mandalapooja.
7. The learned Counsel for the seventh respondent fairly conceded
that their community with all their population will participate in the pooja of
Mandalapooja between the time from 03.00 pm to 06.00 pm and the fifth
respondent is directed to make necessary arrangements giving protection to
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W.P(MD)No.12207 of 2023
the entire function right from 06.00 am till 10.00 pm and the community of
Devendra Kula Velalar may be permitted to worship in full strength between
03.00 pm to 06.00 pm and the writ petitioners are directed to facilitate the
pooja, whatever which has to be conducted. The fifth respondent further
requested this Court to strictly instruct the Maravar community to facilitate
the worship of the Devendra Kula Vellalar Community from 03.00 pm to
06.00 pm and should not cause any hindrance in any way for them to
worship between the period from 03.00 pm to 06.00 pm. This writ petition
was disposed of in the following terms:
“(i) The respondent's team will play their music only before the deity
and within the Temple compound.
(ii) The music troupe will comprise totally eight persons.
(iii) The petitioner undertakes that they would conduct themselves in
such a manner that it would not give rise to any kind of provocation.
(iv) The members of the music troupe will not wear any T-shirt
displaying any provocative slogans.
(v) The writ petitioners also undertakes that they would abide by the
conditions that may be imposed by the fifth respondent while granting
permission.”
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W.P(MD)No.12207 of 2023
8. With the above said observations, this writ petition stands disposed
of. There shall be no order as to costs. Consequently, connected
Miscellaneous Petition stands closed.
18.05.2023
NCC : Yes
Index : Yes
Internet : Yes
BTR
To
1.The District Collector,
Collectorate,
Tenkasi District,
Tenkasi.
2.The Revenue Divisional Officer,
Tenkasi.
3.The Tahsildar,
Thiruvenkadam Taluk,
Tenkasi.
4.The Superintendent of Police,
Tenkasi District,
Tenkasi.
5.The Deputy Superintendent of Police,
Sankarankovil,
Tenkasi.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.12207 of 2023
L.VICTORIA GOWRI, J.
BTR
6.The Inspector of Police,
Karivalamvanthanallur Police Station,
Tenkasi District.
Order made in
W.P(MD)No.12207 of 2023
18.05.2023
https://www.mhc.tn.gov.in/judis
