Madras High Court
S.Ramalingam vs The District Collector on 24 May, 2024
Author: S.Srimathy
Bench: S.Srimathy
W.P(MD)No.11182 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.05.2024
CORAM :
THE HON`BLE MRS.JUSTICE S.SRIMATHY
W.P(MD) No.11182 of 2024
and
W.M.P.(MD)Nos.10008 and 9956 of 2024
S.Ramalingam ... Petitioner
Vs.
1.The District Collector,
Dindigul District,
Dindigul.
2.The Superintendent of Police,
Dindigul District,
Dindigul.
3.The Joint Commissioner,
HR & CE Department,
Dindigul.
4.The Tahsildhar
Vedasandhur Taluk,
Dindigul District.
5.The Inspector of Police,
Vedasandhur Police Station,
Dindigul District.
6.The Inspector,
HR & CE Department,
Dindigul.
7.Ramesh Kumaran
1/8
https://www.mhc.tn.gov.in/judis
W.P(MD)No.11182 of 2024
8.Jeyakumar
9. C.Nithin
10.Maheswaran
11.Senthil Kumar
12.K.Visuwanathan
(R9 to R12 are impleaded as per the order of this Court,
vide order dated 24.05.2024, in W.M.P.(MD)Nos.10018, 10019, 10021
and 10053 of 2024)
... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India, praying for issuance of a Writ of Mandamus, directing the
respondents 2 and 5 herein to intervene in the matter of Arulmighu Maha
Mariamman Thirukovil, Kottur, Vedasandhur Taluk, Dindigul District
and to take appropriate steps for peaceful and smooth conduct of festival
by joining together all the villagers namely Kottur, Valayapatti and
Kannimarpalayam, including respondents 7 and 8 herein.
For Petitioner : Mr.V.R.Shanmuganathan
For R1 to 6 : Mr.M.SakthiKumar
Government Advocate (Crl.side)
For R7 : Mr.S.Ramesh
For R8 : Mr.V.Ragavachari,
Senior Counsel
for Mr.V.Muthukamatchi
For R9 : Mr.J.Barathan
2/8
https://www.mhc.tn.gov.in/judis
W.P(MD)No.11182 of 2024
For R10 : Mr.P.Praveenkumar
For R11 : Mr.K.Jeyamohan
For R12 : Mr.R.Maheswaran
ORDER
The petitioner has filed this petition for a Writ of Mandamus to direct the respondents 2 and 5 herein to intervene in the matter of Arulmighu Maha Mariamman Thirukovil, Kottur, Vedasandhur Taluk, Dindigul District and to take appropriate steps for peaceful and smooth conduct of festival by joining together all the villagers namely Kottur, Valayapatti and Kannimarpalayam, including respondents 7 and 8 herein.
2. Heard the learned counsel on either side.
3. The 8th respondent was selected/elected as Administrative Head on 12.07.2023 and he was granted permission to conduct festival. The Administrative Committee is consisting of 15 members. It was accepted in the meeting held on 12.07.2023 that the 7th respondent/ Ramesh Kumaran would be conferred with the following rituals: 3/8
https://www.mhc.tn.gov.in/judis W.P(MD)No.11182 of 2024 '2023 [_iy khjk; 12-k; Njjpf;F rkkhj NrhgfpUJ tUlk; Mdpkhjk; 27-k; Njjp kfhkhhpak;kd; Nfhapy; eph;thf Ch; $l;lk; eilngw;wJ. Nkw;gb $l;lj;jpy; eph;thf jiytuhf nfh.fe;jrhkp fTz;lh; kfd; K.n[af;Fkhh; Njh;e;njLf;fg;gl;lhh;.
eph;thf fkpl;b cWg;gpdh;fshf 15 Ngh; Njh;e;njLf;fg;gl;Ls;shh;fs;. tpguk; 108k; gf;fk;
NkYk; Nfhapy; Fk;ghgpNrfk; kw;Wk; Nehd;G rhl;Ljy; tpohf;fspy; Jiurhkp kfd; D.uNk\;Fkud; mtUf;Fk; fq;fdk; fl;Ljy;> Fk;ghgpNrfk; fyrk; vLj;jy; fye;J nfhs;s Vfkdjhf jPh;khdpf;fg;gl;lJ.' ,g;gbf;F Ch; nghJkf;fs;.
4. All the parties submitted that the Kumbabhishegam festival is over and now Mahamariamman Nonbu Festival is going on, which started from 21.05.2024 and it will end on 04.06.2024.Now, Ramesh kumaran is seeking permission to participate in other activities also, which is vehemently denied by Jeyakumar. But, the parties are accepting 4/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.11182 of 2024 that on 12.07.2023, a meeting was conducted and Rameshkumaran's certain right was accepted which is extracted above.
5. After considering the above submissions, this Court is not inclined to deviate from the resolution passed by the Committee in the meeting conducted on 12.07.2023. Therefore, Jeyakumar is permitted to conduct the festival this year. If there is any other right accrued to the parties, the parties are directed to approach the Civil Court to establish their rights and act as per the judgment that would be rendered by the Civil Court. The present order is passed only for smooth running of the festival for the present year only. The Civil Court shall not be influenced by the present order. The competent Civil Court shall independently determine the rights of the parties based on the evidence that would be submitted by the parties.
6. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous petition are closed.
24.05.2024
Index : Yes/No
5/8
https://www.mhc.tn.gov.in/judis W.P(MD)No.11182 of 2024 Internet : Yes/No NCC : Yes/No LS Note : Issue order copy on 24.05.2024 To
1.The District Collector, Dindigul District, Dindigul.
2.The Superintendent of Police, Dindigul District, Dindigul.
3.The Joint Commissioner, HR & CE Department, Dindigul.
4.The Tahsildhar Vedasandhur Taluk, Dindigul District.
5.The Inspector of Police, Vedasandhur Police Station, Dindigul District.
6.The Inspector, HR & CE Department, Dindigul.
7.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
6/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.11182 of 2024 S.SRIMATHY, J.
LS Order made in W.P.(MD) No.11182 of 2024 24.05.2024 7/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.11182 of 2024 8/8 https://www.mhc.tn.gov.in/judis