Madras High Court
G.Karthikeyan vs P.K.N.Arumugam on 7 March, 2016
Bench: S.Manikumar, C.T.Selvam
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.03.2016
CORAM
THE HONOURABLE Mr.JUSTICE S.MANIKUMAR
and
THE HONOURABLE Mr.JUSTICE C.T.SELVAM
Writ Appeal(MD)No.364 of 2016
and
CMP(MD)No2.2316 and 2338 of 2016
1.1.G.Karthikeyan
2.C.Angusamy
3.P.Karthikeyan
4.A.Pandian ... Appellants/
3rd Parties
Vs.
1.P.K.N.Arumugam ... Respondent-1/
Writ Petitioner
2.The Commissioner,
Hindu Religious and Charitable Endowments,
Poonthamallee High Road, Chennai.
3.The Joint Commissioner,
Hindu Religious and Charitable Endowments,
Trichy.
4.The Assistant Commissioner,
Hindu Religious and Charitable Endowments,
Karur.
5.The Thakkar/Executive Officer,
Arulmighu Sri Sithantha Sametha Angala
Parameswari Thirukoil,
Varavanai, Kadavur, Karur District.
6.The Superintendent of Police,
Karur District, Karur. ... Respondents-2 to 6/
Respondents 1 to 5
Writ Appeal under Clause 15 of the Letters Patent, against the order
made in W.P.(MD)No.575 of 2016, dated 11.01.2016.
!For Appellants : Mr.AN.Ramanathan
^For Respondent-1 : Ms.D.Geetha
For Respondents 2 to 4 : Mr.V.R.Shanmuganathan,
and 6 Spl.Govt.Pleader.
For Respondent-5 : Mr.D.Muthu Geethayan for
Mr.P.Athimoolapandian
:JUDGMENT
(Delivered by S.MANIKUMAR, J) Challenge in this writ appeal is restricted to the limited extent of permitting one Mr.Palanichamy to act as an Archakar (Poojari) to perform poojas and other rituals in Arulmighu Sri Sithantha Sametha Angala Parameswari Thirukoil, Varavanai, Kadavur, Karur District, during the ensuing Maha Sivarathi Day (07.02.2016). The relevant portion of the order of the writ court, reads as under:
"5.The 4th respondent has drawn the attention of this Court to the facts that a Fit Person was appointed as per the request of the petitioner and thereafter, there was a peace meeting and in that peace meeting it was decided that the Mahasivarathiri festival has to be performed by the officials as done in the previous year, since there is dispute between rival groups and there is a possibility of law and order problem.
6.The counsel for the petitioner submitted that third parties are collecting Thalaikattu Vari and donation for conducting Mahasivarathiri Festival and hence, an Archakar should be appointed to conduct the festival and adequate protection should be given for conducting the festival.
7.In reply the Additional Government Pleader submitted that one Palanichamy is the Archakar and he will conduct the Poojas.
8.The learned counsel for the petitioner submitted that the petitioner has got no objection for Mr.Palanichamy to continue as Archakar."
2.While assailing the correctness of the said order made in W.P.(MD)no.575 of 2016, dated 11.01.2016, attention of this Court was invited to the proceedings of the Assistant Commissioner, HR & CE Department, Karur, the fourth respondent herein, in Na.Ka.No.435/2015/A1, dated 30.11.2013, wherein the Assistant Commissioner by observing that as there is difference of opinion between the parties in performance of poojas and conducting other festivals, in the temple and that there is also likelihood of law and order problem, during the conduct of festivals, fit person would conduct Maha Sivarathi Festival, as done in the last year. The above said proceeding, dated 30.11.2015, is a reply to the representation of one Mr.P.K.N.Arumugam, the writ petitioner, dated 26.10.2015. The proceedings of the Assistant Commissioner, dated 30.11.2015, reads as under:
"f&h; khtl;lk;> flT+h; tl;lk;> thtiz mUs;kpF rpj;jehj rNkj mq;fhsguNk];thp jpUf;Nfhtpypy; khrp khjk; kcwh rptuhj;jphp topghL elj;JtJ njhlh;ghf mDkjp Nfhhp jpU.gp.Nf.vd;.MWKfk; vd;gthplkpUe;J tug;ngw;w kD njhlh;ghf jpUf;Nfhapy; nray; mYtyhpd; mwpf;iffhf ngwg;gl;L mit ghprPypf;fg;gl;ld. ghh;it 2-y; fhZk; nray; mYtyhpd; mwpf;ifapd;gb ,Ujug;gpdhpilNa jpUf;Nfhapy; jpUg;gzp Nkw;nfhs;tJ Fwpj;J ,UNtW fUj;Jfs; epyTtjhy;> jpUtpohtpd; NghJ rl;lk; xOq;F gpur;rid Vw;gl tha;gGs;sjhy; nrd;w Mz;ilg;NghyNt ,e;j Mz;Lk; Jiw %ykhf jpUf;Nfhapy; jf;fhh; nray; mYtyuhy; rptuhj;jphp topghL el;jjg;gLk; vd kDjhuUf;F njhptpf;fg;gLfpwJ."
3.Attention of this Court was also invited to the representation, dated 26.10.2015, addressed to the Fit Person of the Temple in question, wherein the writ petitioner has sought for permission to be accorded to the Temple Committee and to provide adequate protection. The writ petitioner has also prayed that an intimation be sent to the Police.
4.Attention of this Court was also invited to the averments made in the supporting affidavit to the writ petition, that the Fit Person should conduct the festival without any problem. Relevant paragraphs of the affidavit are extracted, which read as under:
"8.It is brought to notice to this Hon''ble Court that in the year 2009, more than Rs.4 lakh were collected as thalaikattu vari and donation and Rs.2,40,000/- was spent during mahasivarathiri festival. I as an In-charger and Administrator of the Temple Construction Committee sent a representation on 26.10.2015 seeking to give permission to conduct the Mahasivarathiri festival on 07.03.2016 and 08.03.2016 by the construction committee with police protection by the 5th respondent. But, the 3rd respondent on 30.11.2015 sent a reply stating that in the peace meeting held by the respondent difference of opinion are prevailing among the community people in respect of constructing temple and Mahasivarathiri festival will be conducted by the 4th respondent as conducted during previous year.
9.I submit that I smell there is threat from some of the community people will collect thalaikattu vari posing themselves as incharger of the temple as they collected last year. The devotees and publics who bonafidely believed that the money will be go to the temple are being swindled by the unknown people. Hence, in the above stated circumstances, proper protection and monitoring is required to conduct the Mahasivarathiri festival. Some of them are performing the poojas themselves and collecting money.
10.I submit that the 4th respondent who was appointed to conduct the Mahasivarathiri festival should given protection to do all the poojas without any intervention and to prevent public and other community people from collecting the donations and head tax. Hence, the petitioner has no other alternative and efficacious remedy except to approach this Hon'ble Court under Article 226 of the Constitution of India."
5.Inviting the attention of this Court to the above averments, Mr.AN.Ramanathan, learned counsel for the appellants, submitted that the Fit Person so appointed has no right to concede before the Writ Court for appointment of Mr.Palanichamy, as Archakar to perform poojas during Maha Sivarathri Festival and other poojas.
6.When the matter came up on 03.03.2016, we permitted the learned counsel for the appellants to serve the entire case papers on the learned counsel who appeared for the writ petition. As per the directions, Ms.D.Geetha, learned counsel for the writ petitioner, the first respondent herein, appeared before us. Having regard to the temple festival, on behalf of the writ petitioner, she submitted that she has no objection for person to be appointed as Archakar to perform poojas during Maha Sivarathri Festival.
7.Mr.T.Lajapathi Roy, learned counsel, made representations on behalf of Mr.Palanichamy and submitted that the said Palanichamy was acting as Archakar and that the learned Additional Government Pleader had only brought the said fact to the notice of the Writ Court, which the writ petitioner agreed to accept. Though Writ Appeal has not been admitted, however, having regard to the festival to be conducted from today, we heard him also.
8.Inviting the attention of this Court, to the proceedings in Na.Ka.A3/720/2016, dated 06.03.2010, recorded by the Revenue Divisional Officer, Kulithalai, in a Peace Committee Meeting held on 06.03.2016, Mr.D.Muthu Geethayan, learned counsel appearing for the Fit Person, the 5th respondent herein, submitted that there is no consensus, as to who should perform the poojas on the Maha Sivarathri Day. There are other disputed issues also. Proceedings of the Revenue Divisional Officer, Kulithalai, dated 06.03.2016, is extracted hereunder:
"mikjpg; Ngr;R thh;j;ij $l;lk;
flT+h; tl;lk;> thtiz fpuhk;jpy; cs;s mUs;kpF rpj;j ehj rNkj mq;fhsguNk];thp jpUf;Nfhapy; rpuhj;jphp jpUtpoh 07.03.2016 kw;Wk;k 08.03.2016 Mfpa ,U jpdq;fs; elj;JtJ njhlh;ghf fle;j -1.03.2016 md;W flT+h; tl;lhl;rpah; jiyikapy; mikjp Ngr;Rthh;j;ij elj;jg;gl;lJ. Nkw;gO Ngr;R thh;j;iojapy; KbT vl;lg;glhjjhy;. Fpsj;jiy tUtha; Nfhl;lhlrpah; mth;fs; jiyikapy; mikjp Ngr;Rthh;j;ij $l;lk; ,d;W 06.03.2016 fhiy 11.30 kzpastpy; Fspj;jiy tUtha;f Nfhl;lhl;rpah; mYtyfj;jpy; eilngw;wJ. Nkw;gb $l;lj;jpy; Fspj;jiy fhty;Jiw Jizf;fz;fhzpg;ghsh;> flT+h; tl;lhl;rpah> Njhfkiy fhty; Ma;thsh;> rpe;jhkzpg;gl;b fhty; cjtp Ma;thsh;> kapyk;gl;b tUtha; Ma;thsh;> tutiz nghWg;G fpuhk ephthf mYtyh;> ,e;J mwpeiyaJiw nray; mYtyh; kw;Wk; gzpahsh;fs;> mq;Frhkp jug;gpdh; kw;Wk; gp.Nf.vd;.MWKfk; jug;gpdh; M[uhfpdh;.
khz;gik nrd;id cah;ePjpkd;w kJiuf;fpis tof;F vz;.575-2016 kw;Wk; 17- 2016 cj;juT ehs;. 11.1.2016> cj;juTgo mUs;kpFpj;j ehj rNkj mq;fhsguNk];thp jpUf;Nfhapy;> tutiz Nfhtpy; kfh rptuhj;jphp tpoh elj;jpl fPo;f;f;zlthW KbT nra;ag;gl;lJ.
1.,e;J rka mwpepiyaj;Jiwapd; %yk; jpUf;Nfhapy; tshfj;jpy; re;ejp Kd;ghf ge;ejy; mikf;fg;gLk;.
2.jhprdj;jpw;fhf nghJkf;fs; thpirahf nry;tjw;F jLg;Gf;fl;ilfs;> xypg;ngUf;fp kw;Wk; kpd;tpsf;Ffs;> FbePh; trjp> nghJkf;fs; jq;Ftjw;F ge;jy;> thfdq;fs; epWj;Jtjw;fhd trjp> fopg;gpl trjp kw;Wk; Njitahd mbg;gil trjpfs; Nghd;wit ,e;J rka mwepiyaj; Jiwapdh; %yk; mikj;Jj; jug;gLk;.
3.nghJkf;fSf;F ,ilA+W ,;y;yhj tifapy; fhty;Jiwapd; %yk; Nghf;Ftuj;J khw;Wg;ghijapy; jpUg;gp tplg;gLk;. NkYk; nghJkf;fs; topglj; Njitahd Nghjpa fhtyh;fis epakdk; nra;jplNtz;Lk.
4.,e;J rka mwepiyaj; Jiwapdh; %yk; nghJkf;fs; fhzpf;if nrYj;Jtjw;F VJthf cz;bay; mikf;fg;gLk;. kw;Wk; ed;nfhil nrYj;Jgth;fSf;F ed;nfhil urPJfs; toq;fg;gL;k;.
epge;jidfs;:
1.Nfhtpy; tshfk; kw;Wk; NfhtpYf;F nrhe;jkhd ,lq;fspYk; nghJ ,lq;fspYk;
md;djhdk; nra;af;$lhJ. jdp egUf;F nrhe;jkhd ,lq;fspy; kl;Lk; md;djhdk; toq;f mDkjpf;fg;gLfpwJ.
2.Njh;jy; elj;ij tpjp mkypy; cs;sjhy; vt;tpjkhd tpsk;gu gjhijfNsh> tpsk;guq;fNsh mikf;ff;$lhJ. fhty; Jiwapdh; kw;Wk; mwepiyaj;Jiwapduhy; fz;fhzpf;f njhptpf;fg;gLfpwJ.
3.,e;J rka mwepiyaj;Jiwia jtpu jdpegh;fs; ahUk; ed;nfhilNah thp t#Nyh Nfhtpy; tshfj;jpw;Fs; Nkw;nfhs;sf;$lhJ. kPwp t#y; nra;gth;fs; kPJ fhty; Jiwapdh; Kyk; eltbf;if Nkw;nfhs;sg;gLk;.
4.,e;J rka mwepiyaj;Jiwia jtpu jdpegh;fs; ahUk; tho;j;J njhptpg;gNjh> xyp ngUf;fpNah mikf;ff;$lhJ.
5.Rthkp jhprdj;jpw;fhf Rthkp Ngio ngl;oia vLj;Jf;nfhz;L te;J fUtiw Kd;G itj;Jtpl;L g+iI nra;J Kbj;jTld; Ngio ngl;bia vLj;Jr; nry;yNtz;Lk;.
Nkw;f;zl KbTfs; kw;Wk; epge;jidfis Vfkdjhf Vw;Wf;nfhz;L nray;gLj;j rk;kjk; njhptpf;fpNwhk;."
9.Mr.D.Muthu Geethayan, learned counsel appearing for the Fit Person, submitted that the Fit Person would appoint a suitable person not belonging to any one of the contesting groups to perform poojas, for which course of action, Mr.AN.Ramanathan, learned counsel for the appellants has no objection. Ms.D.Geetha, learned counsel for the first respondent/writ petitioner has no objection. Submission is placed on record.
10.In the light of the consensus arrived at by the parties to the lis, the Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Karur, the 4th respondent herein, is directed to appoint a non- controversial and suitable person, not belonging to any one of the groups represented by the writ petitioner, as well as the appellants, before us, as Archakarand ensure the conduct of Maha Sivarathiri Festival on 07.03.2016 and 08.03.2016, without any problem.
11.Taking into consideration the larger interest of devotees and also the members belonging to different groups, official respondents of the Hindu Religious and Charitable Endowment Department and the Superintendent of Police, Karur District, the 6th respondent in this writ appeal, are directed to take all possible steps to the conduct of Maha Sivarathiri Festival, peacefully and to maintain law and order and harmony.
12.Mr.V.R.Shanmuganathan, learned Special Government Pleader appearing for the official respondents, Mr.AN.Ramanathan, learned counsel for the appellants and Ms.D.Geetha, learned counsel for the first respondent/writ petitioner will communicate the above orders of this Court to the parties whom they represent, for implementation of this order.
13.The writ petition is disposed of on the above lines. No order as to costs. Connected miscellaneous petitions are closed.
To
1.The Commissioner, Hindu Religious and Charitable Endowments, Poonthamallee High Road, Chennai.
2.The Joint Commissioner, Hindu Religious and Charitable Endowments, Trichy.
3.The Assistant Commissioner, Hindu Religious and Charitable Endowments, Karur.
4.The Superintendent of Police, Karur District, Karur..