Madras High Court
T.Balasundaram vs The Joint Commissioner on 1 July, 2022
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
W.P.(MD)No.14000 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 01.07.2022
CORAM:
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
W.P.(MD)No.14000 of 2022
and WMP(MD)No.9991 of 2022
T.Balasundaram .. Petitioner
Vs
1.The Joint Commissioner,
Hindu Religious and Charitable
Endowments Trust (HR & CE),
40, Muthusamy Nagar,
Thiruppathur Road,
Sivagangai – 630 561.
2.The Assistant Commissioner,
Hindu Religious and Charitable
Endowments Trust (HR & CE),
40, Muthusamy Nagar,
Thiruppathur Road,
Sivagangai – 630 561.
3.The Thakkar,
Arulmigu Santhi Veeran Swamy Temple,
Mallakkottai Village,
Singampunari Taluk,
Sivagangai, Sivagangai District.
4.The District Collector,
District Collectorate Building,
Sivagangai, Sivagangai District.
1/7
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.14000 of 2022
5.The Tahsildar,
Singampunari Taluk,
Sivagangai District.
6.Sasipandidurai .. Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to
issue a Writ of Certiorarified Mandamus, directing the respondents 1 to 5
herein to ensure the smooth and peaceful conduct of Sri Arulmigu Santhi
Veeran Temple festival ending with Eruthu Kaattu Vizha procession of
03.07.2022 at Mallakottai Village, Sivagangai District and to restrain any
intruders, more particularly the 6th respondent herein, from indulging in
any acts of intrusion or disturbance either in the temple premises or in the
vicinities thereof.
For Petitioner : Mr.Issac Mohanlal, Senior counsel
for Mr.T.Cibi Chakraborthy
For Respondents : Mr. M.Lingadurai
Special Government Pleader
for R1, R2, R4 and R5
Mr.P.Mahendran,
Standing Counsel for R3
Mr.S.Saravanakumar for R6
ORDER
The petitioner villager of Mallakotti and the devotee ofArulmighu Chinnasanthi Veeranan and Periyasanthi Veeranan temple filed this writ petition.
2/7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.14000 of 2022
2. The prayer sought for by the petitioner is that to direct the respondents 1 to 5 to take adequate measures for the prevention of intruders, more particularly the 6th respondent herein from indulging in any acts of intrusion or disturbance either in the temple premises or in the vicinites thereof during Eruthu Kaattu vizha procession on 03.07.2022.
3. The grievance of the petitioner is that the sixth respondent despite the order of the Joint Commissioner that there is no special privilege given to anybody for the temple for the past 18 years and all are treated equal. Further some person to spoil the peace and tranquility in the area as well as to cause disturbance in the annual temple festival. He further submitted that the sixth respondent through Jayabalan filed a wit petition in WP(MD) No.13341 of 2022 and this Court had directed that the Deputy Superintendent of Police, Inspector of Police, SS Kottai Police Station to prevent the 6th respondent from claiming any special privilege in the temple festival. According to the petitioner, it is an defensive tactics employed by the petitioner therein. Thereafter, the said Jayabalan had not made any objections. 3/7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.14000 of 2022
4. The Executive Officer present before this Court submitted that there is no special privilege given to any body and the petitioner was not allowed to go in procession.
5. It is also brought to the notice of this Court that one Valarmathi had filed a OA No.10/2016, seeking special privilege, in which the 6th respondent was examined as witness and it was also dismissed by the Joint Commissioner and there is no appeal pending.
6. The learned counsel for the sixth respondent submits that the tradition and culture to be followed. The case projected by the petitioner is with an ulterior motive, no villagers opposed the sixth respondent.
7.In view of the photos and submission, this Court feels that the apprehension of the petitioner is reasonable. In view of the same, the Assistant Commissioner of the HR and CE Department to be present 4/7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.14000 of 2022 during the last day festival on 03.07.2022 and ensure orderliness inside the temple and not allow any body with head gear and umbrella and other symbolic articles to project themselves with some status and all the devotees and villagers to be treated equally and no special honour to be given to any person and no procession to be allowed inside the temple and its precincts.
8. This Court hopes that with the above observation, festival would be conducted in a peaceful manner. The Collector and Superintendent of Police to monitor the situation and give necessary instructions and directions for the peaceful conduct of festival.
9. With the above direction, the Writ Petition stands disposed of No costs. Consequently connected miscellaneous petition is also closed.
01.07.2022 Index: Yes/No Internet : Yes/No aav 5/7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.14000 of 2022 To
1.The Joint Commissioner, Hindu Religious and Charitable Endowments Trust (HR & CE), 40, Muthusamy Nagar, Thiruppathur Road, Sivagangai – 630 561.
2.The Assistant Commissioner, Hindu Religious and Charitable Endowments Trust (HR & CE), 40, Muthusamy Nagar, Thiruppathur Road, Sivagangai – 630 561.
3.The Thakkar, Arulmigu Santhi Veeran Swamy Temple, Mallakkottai Village, Singampunari Taluk, Sivagangai, Sivagangai District.
4.The District Collector, District Collectorate Building, Sivagangai, Sivagangai District.
5.The Tahsildar, Singampunari Taluk, Sivagangai District.
6/7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.14000 of 2022 M.NIRMAL KUMAR, J.
aav W.P.(MD)No.14000 of 2022 and WMP(MD)No.9991 of 2022 01.07.2022 7/7 https://www.mhc.tn.gov.in/judis