Madras High Court
Miraas.V.Subbiah vs The Revenue Divisional Officer on 8 June, 2022
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
W.P(MD).No.11121 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.06.2022
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
W.P(MD).No.11121 of 2022
and
W.M.P(MD).Nos.7970 and 7971 of 2022
Miraas.V.Subbiah ... Petitioner
Vs.
1.The Revenue Divisional Officer,
Illuppur Taluk,
Pudukkottai District.
2.The Executive Officer,
Devasthana Thirukovilgal Office,
Pudukottai.
3.Kuppan
4.Alagu
5.Rengaraj
6.Adaikalam
7.Thangaraj ...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus, to call for the
records pertaining to the impugned order in proceedings No.Nil dated
20.05.2022 and consequential proceedings No. Nil dated 02.06.2022 passed
by the first respondent and quash the same as illegal and consequently
directing the respondent to grant permission to the petitioner to conduct
festival as per their village customs and usage at Shri Ayyanar Temple, Shri
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W.P(MD).No.11121 of 2022
Adaikalamkathar Temple and Shri Nalukidaikaruppar Temple, Pudhur
Village, Illuppur Taluk, Pudukkottai District and under the supervision of the
second respondent and also further direct the second respondent to grant
permission to the petitioner to had the panchalogam idols Nos.9 as per the
village customs and usage.
For Petitioner : Mrs.S.Ragaventhre
For R1 : Mr.P.Subbaraj
Special Government Pleader
For R2 : Mr.G.Mathavan
Standing Counsel
ORDER
The petitioner, who claims to be Mirasu of the temple, has filed this writ petition seeking to quash the proceedings of the first respondent, dated 20.05.2022 and 02.06.2022.
2. There was claim and counter claim between two groups of villagers. Hence, a peace committee meeting was conducted. During the peace committee meeting, it was found that as regards the Mirasu rights, O.A.No.78 of 2021 was pending before the Joint Commissioner, Hindu Religious and Charitable Endowments Department, Thanjavur. The first respect of the temple is also now disputed. Hence, in the peace committee meeting, it was decided that the Executive Officer will receive the first respect of the temple instead of the Mirasu rights claimed by the two groups. The objection of the 2/6 https://www.mhc.tn.gov.in/judis W.P(MD).No.11121 of 2022 petitioner is that the Executive Officer is not entitled to the Mirasu rights, which has to be decided in O.A.No.78 of 2021.
3. Further, in the peace committee meeting, it has been stated that the idols, which are used for the temple festival to be handed over to the Hindu Religious and Charitable Endowments Department after the completion of the festival. According to the petitioner, the handing over of the idols of the temple to the Hindu Religious and Charitable Endowments Department would affect the customary rights and belief of the villagers. As per the customs and usage, after the festival is over, Ayynar Idol-1 feet, Poorana Amman Idol-3/4 feet, Pushkala Idol-3/4 feet, Adaikalam Kathar with horse Idol-3/4 feet, Choker Idol-1 feet, Karuppar Idol-1 feet, Vinayagar-1 feet, Elephant-1/2 feet, Amman Idol in the Earthen ware, will be buried in the earth at a place called Semmam. Only at the time of commencing the next year festival alone, they take the same and bring into the temple. The said place Semmam was protected and safeguarded by the four poojaris at daily 24 hours in turn offering a sacred place of worship.
4. The learned counsel for the second respondent submits that the Mirasu rights have to be decided by the Joint Commissioner, Hindu Religious 3/6 https://www.mhc.tn.gov.in/judis W.P(MD).No.11121 of 2022 and Charitable Endowments Department and Mirasu rights can be kept in abeyance till the rights declared by the concerned Court. As regards the placing of idols, the customary rights and usage will be followed.
5. The learned counsel for the first respondent submits that their main contention is to maintain peace, harmony, law and order and festival to be conducted in tranquility. So far as four days festival completed without any disturbances and three more days for the festival is to get over.
6. Considering the same, this Court finds that as regards the Mirasu rights, it is for the petitioner as well as the rival claimants to adjudicate their right in O.A.No.78 of 2021. As regards the placing of idols beneath the soil, the customary rights have to be followed.
7. In view of the above, the writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petitions are closed.
08.06.2022
Index : Yes / No
Internet : Yes/ No
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W.P(MD).No.11121 of 2022
To
1.The Revenue Divisional Officer,
Illuppur Taluk,
Pudukkottai District.
2.The Executive Officer,
Devasthana Thirukovilgal Office,
Pudukottai.
Trichy-20.
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W.P(MD).No.11121 of 2022
M.NIRMAL KUMAR, J.
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W.P(MD).No.11121 of 2022
08.06.2022
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