Madras High Court
Munusamy vs The District Collector on 6 March, 2024
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
W.P.No.26272 of 2023
In the High Court of Judicature at Madras
Dated : 06.3.2024
Coram :
The Honourable Mr.Justice N.ANAND VENKATESH
Writ Petition No.26272 of 2023
Munusamy ...Petitioner
Vs
1.The District Collector,
Ranipet, Ranipet District.
2.The Superintendent of Police,
Ranipet, Ranipet District.
3.The Inspector of Police,
Kondapalayam Police Station,
Sholinghur, Sholinghur Taluk,
Ranipet District.
4.Sakkarabaani
5.Anbarasu
6.Sathiyaseelan ...Respondents
PETITION under Article 226 of The Constitution of India praying
for the issuance of a Writ of Mandamus to direct the respondents 1 to
3 to provide police protection to the petitioner's community members
(Yadhavar community) to enter into the temple namely Vinayagar
Temple at Gangaimottur Village, Sholinghur Taluk, Ranipet District for
enabling them to celebrate Lord Krishna Jayanthi festival pursuant to
the petitioner's representation dated 01.9.2023.
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W.P.No.26272 of 2023
For Petitioner : Mr.R.Thirumoorthy
For R1 to R3 : Mr.A.Gopinath GA (Crl.Side)
For R4 to R6 : Mr.S.Sasikumar
ORDER
This is a petition filed by the petitioner seeking to direct respondents 1 to 3 to provide police protection to him and his community people to enter into the temple and worship God based on his representation dated 01.9.2023.
2. When the matter came up for hearing on 07.9.2023, this Court directed the third respondent to file a status report. Accordingly, the third respondent filed a status report dated 19.9.2023. For proper appreciation, the status report is extracted as hereunder :
"I submit that on 01.9.2023, the petitioner/ Tr.Munusamy has lodged a complaint before the 3rd respondent stating that about 150 families belonging to Vanniyar community and 30 families belonging to Yadhavar community are living at Gangai Mottur Village. Both communities are having good relationship with each other and they have been peacefully worshipping God in common. Further, both communities had been celebrating Krishna Jayanthi festival jointly without any problem till 2/10 https://www.mhc.tn.gov.in/judis W.P.No.26272 of 2023 2020. During the year 2021, one Tr.Sakkarabaani, Tr.Anbarasu, Tr.Sathiyaseelanw, who are 4th to 6th respondent respectively and others who are dominating Vanniyar community informed that existing Krishnar Temple is in dilapidated condition and hence decided to demolish the same and construct a new temple for enabling both communities to worshipping the God.
2. I submit that the Yadhavar community people had given consent to demolish the existed temple. During the demolition, the antique idols of Radha, Rukkumani and Krishnar were shifted to Vinayagar temple and those deities were installed in Vinayagar temple. After demolishing the existed Krishnar temple, the 4th to 6th respondents did not construct new temple as they promised and also they did not allow the members of Yadhava community to enter into Vinayagar temple. The respondents 4 to 6 arrogantly acting and instructed that they will not allow his community members to enter into Vinayagar temple. They did not even permit Yadhava community members to participate in the village festivals during all village programs. Because they are minority community, they are keeping silent and do not want to create any complication in the name of caste. They have not been allowed to enter into Vinayagar temple to worship the God and offer their prayer to their beloved Gods. They do not know the whereabouts of the idols which were available inside the temple. Further, the petitioner and others who 3/10 https://www.mhc.tn.gov.in/judis W.P.No.26272 of 2023 were Yadhavar community decided to celebrate Krishna Jayanthi festival on the eve of Krishna Jayanthi on 06.9.2023 or alternative date 09.9.2023 peacefully in a common place with above mentioned idols i.e. Krishnar, Radhai and Rukkumani. Hence the complaint.
3. I submit that on 04.9.2023, the Sub- Inspector of Police sent a requisition letter to Tahsildar, Sholinghur to conduct peace committee meeting between Yadhavar community's people and Vanniyar community people, during the peace meeting, there was no amicable discussion, hence, the matter was referred to the Revenue Divisional Officer, Ranipet for further enquiry.
4. I submit that based on that, a CSR.No.224/ 2023 dated 05.9.2023 was issued by Tr.Pasalairaj, Sub-Inspector of Police, Kondapalayam Police Station and took up the enquiry.
5. I submit that on 05.9.2023, the Sub- Inspector of Police sent a requisition letter to the Revenue Divisional Officer, Ranipet for peace meeting between Yadhavar community's people and vanniyar community people.
6. I submit that during the course of investigation, I have visited Gangai Mottur Village along with the Village Administrative Officer and the Village Assistant. It was learnt that there existed a Perumal Temple about 200 metres from the Vinayagar temple at Gangai Mottur Village, which was in a ruined state and a Teermanam was drawn 4/10 https://www.mhc.tn.gov.in/judis W.P.No.26272 of 2023 by both the terms Yadavar and Vanniyar community on 21.5.2021 to demolish the Perumal Temple and both teams decided to construct a new temple and entered about this decision in the Teermanam note book.
7. I submit that from the demolished Perumal Temple, three statues one of Krishnar, one Radha and one Rukmani statues were taken from the temple and kept at Vinayagar temple for safe custody until the new Perumal temple is ready.
8. I submit that on the pretext of the demolition of the old Perumal Temple, the Vanniyar team insisted to construct new Perumal Temple and the old deities of Krishnar, Radha and Rukamani to be remade into new Perumal statue and installed.
9. I submit that there is a dispute between Yadhavar community's people and vanniyar community people, since, controversy stopped the construction of the new Perumal Temple from 2021 and the deities of Krishnar, Radha and Rukamani are available at Vinayagar Temple.
10. I submit that during the course of investigation which reveals that both parties of Yadhavar community's people and Vanniyar community people were not being celebrated in Krishna Jayanthi festival at Gangai Mottur Village on behalf of the above dispute for the three years.
11. I submit that both parties of Yadhavar community's people and Vanniyar community people were allowed to worship at Vinayagar temple and 5/10 https://www.mhc.tn.gov.in/judis W.P.No.26272 of 2023 there is no issue in this regard till date.
12. I submit that on 10.8.2023, the said Yadhavar community's people visited Vinayagar temple and garlanded the statues of Krishnar, Radha and Rukamani and started to mourn. This act enraged the villagers and they feared that some mishap may occur to the village and requested not to mourn inside the Vinayagar temple.
13. I submit that in such circumstances, the said Vanniyar community's people without any intimation, the said idols were removed from said Vinayagar temple and the same was kept in an iron box and placed it nearby Anganvadi building.
14. I submit that the Tahsildar, Sholinghur conducted peace talk on 05.9.2023 for both the teams, in which, both participated i.e. the team of the petitioner (Yadavar and Vanniyar community representatives of Gangai Mottur village) and the counter petitioner (Vanniyar community representatives of Gangai Mottur village) and discussed.
15. I submit that based on the enquiry of Tahsildar and as per the instruction of the 1st respondent, a case was registered in Kondapalayam Police Station in Cr.No.122 of 2023 u/s. 145 Cr.P.C. on 17.9.2023 at about 11.45 hours by Sub-Inspector of Police and took up the case for investigation. After that, the said case was referred to the Revenue Divisional Officer, Ranipet for further orders."6/10
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3. It is clear from the above status report that there is some dispute between two communities, that persons belonging to Yadhavar community have not been allowed to enter into the temple, that the idols have also been removed from the temple and kept in iron box, that the Police have attempted to resolve the dispute by referring the issue to the Revenue Divisional Officer concerned and that nothing much came out of it.
4. The learned counsel appearing for the private respondents namely respondents 4 to 6 submits that the idols of Krishnar, Radha and Rukmani are very much available in the temple and that nobody was prevented from entering into the temple and worshipping God.
5. In view of the specific stand taken by respondents 4 to 6, it is made clear that the persons belonging to Yadhavar community shall be permitted to enter into the temple and worship God, that nobody shall stop them and that if they are stopped from entering into the temple, the respondent police shall take immediate action in accordance with law. The respondent police shall ensure that the temple is visited by persons belonging to all communities and that they shall peacefully 8/10 https://www.mhc.tn.gov.in/judis W.P.No.26272 of 2023 worship God without giving rise to any law and order problem.
6. The writ petition is disposed of with the above directions. No costs.
06.3.2024 To
1.The District Collector, Ranipet, Ranipet District.
2.The Superintendent of Police, Ranipet, Ranipet District.
3.The Inspector of Police, Kondapalayam Police Station, Sholinghur, Sholinghur Taluk, Ranipet District.
4.The Public Prosecutor, High Court, Madras.
RS 9/10 https://www.mhc.tn.gov.in/judis W.P.No.26272 of 2023 N.ANAND VENKATESH,J RS W.P.No.26272 of 2023 06.3.2024 10/10 https://www.mhc.tn.gov.in/judis