Madras High Court
S.Rajangam vs The District Collector on 9 November, 2018
Author: V.Bhavani Subbaroyan
Bench: V.Bhavani Subbaroyan
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.11.2018
CORAM:
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
W.P(MD)No.22539 of 2018
and
W.M.P(MD)Nos.20387 & 20388 of 2018
S.Rajangam ... Petitioner
Vs.
1.The District Collector,
Sivagangai District,
Sivagangai.
2.The Superintendent of Police,
Office of the Superintendent of Police,
Sivagangai.
3.The District Revenue Officer,
Collectorate Building,
Sivagangai District,
Sivagangai.
4.The Revenue Divisional Officer,
Sivagangai.
5.The Inspector of Police,
Thiruppuvanam Police Station,
Sivagangai District. .... Respondents
Prayer: Petition filed under Article 226 of the Constitution of India, to
issue a writ of Certiorarified Mandamus, calling for the records pertaining
to the impugned order, dated 22.10.2018 passed by the fourth
respondent and quash the same as illegal and consequently direct the
second respondent to conduct the Peace Committee Meeting regarding
celebration of “Kuthirai Eduppu Thiruvizha” scheduled in the month of
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November and consequently permit the petitioner Agamudayarkarai Group
in taking part in the “Kuthirai Eduppu Thiruvizha” scheduled in the month
of November in Arulmighu Kalitheertha Ayyanarswamy Temple at
Vaviyarenthal, Thiruppuvanam Taluk, Sivagangai District.
For Petitioner : Mr.N.Anandakumar
For Respondents : Mrs.J.Padmaavathy Devi,
Special Government Pleader.
For Intervenor : Mr.J.Anandakumar
ORDER
This writ petition has been filed seeking a Writ of Certiorarified Mandamus, to quash the impugned order, dated 22.10.2018 passed by the fourth respondent and further direct the second respondent to conduct the Peace Committee Meeting regarding celebration of “Kuthirai Eduppu Thiruvizha” scheduled in the month of November and further permit the petitioner Agamudayarkarai Group in taking part in the “Kuthirai Eduppu Thiruvizha” scheduled in the month of November in Arulmighu Kalitheertha Ayyanarswamy Temple at Vaviyarenthal, Thiruppuvanam Taluk, Sivagangai District.
2.Heard both sides and perused the materials available on record.
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3.The petitioner submits that one Arulmigh Kalitheertha Ayyanarswamy Temple is situated in their Village and the villagers worshipped the same invariably without preventing any particular caste or creed. The petitioner and their family members belonged to one Agamudaiyarkarai and there are nine types of caste people living peacefully in the village, namely, Iyer, Vellalar, Agamudayar, Konar, Kallar, Pallar, Sakkiliar, Asari and Maruthuvar. There was some allegations, wherein, anti-social elements were trying to create caste discrimination in their village, since one Ramachandran had misappropriated the common fund of the village accrued from fire wood cutting, which is around Rs.9,00,000/- and the same was questioned by the members of Agamudayarkarai and there arose a dispute, since Agamudayarkarai people are minority group in the Village. All the nine castes in the Village are representing through each karai based on their caste name. The 1 to 3 karai members are preventing Agamudayarkarai members in participation of Kalitheertha Ayyanarswamy Temple Festival and also they are ex-communicating them from the Village. Due to the said dispute, an F.I.R was registered in the year 2011 in Crime No.556 of 2011 under Section 107 of Cr.P.C.
4.During the month of Purattasi, “Kuthirai Eduppu Thiruvizha” will be celebrated and the petitioner's family members are prevented from taking part in the said Thiruvizha and they have not allowed to pay taxes, http://www.judis.nic.in 4 but the other community people are paying taxes for the said Thiruvizha. The said “Kuthirai Eduppu Thiruvizha” is meant for horse statues, which has been offered to the Temple and if Agamudayarkarai group people are prevented, it would seriously affect the sentiments of the petitioner's group in the said Village.
5.Earlier, the petitioner filed a Writ Petition in W.P(MD)No.20212 of 2018 and this Court, by order dated 26.09.2018, directed the Revenue Divisional Officer, Sivagangai to conduct a Peace Committee Meeting, after affording an opportunity to all the parties concerned and shall take a decision with regard to conduct of the festival and the parties shall abide by the decision taken by the Revenue Divisional Officer, Sivagangai.
6.The learned counsel appearing for the Intervenor submitted that even though there were many Peace Committee Meetings held, there was no amicable settlement arrived at regarding this issue.
7.From the perusal of the records, it is seen that as per the order passed by this Court in W.P(MD)No.20212 of 2018, a Peace Committee Meeting was conducted by the Thasildar and the Inspector of Police, Thiruppuvanam on 22.10.2018 and both the parties participated in the meeting. In the said Peace Committee Meeting, there was an issue raised regarding keeping Pongal by the petitioner. In the Peace Committee http://www.judis.nic.in 5 Meeting, both the parties agreed and they have no objection to any one of the members of the petitioner's community people, who can start the festival by keeping Pongal and they can conduct the said festival amicably. The other party also agreed that they will also join together and conduct the festival. But in the Peace Committee Meeting, the said Revenue Divisional Officer has observed that the petitioner herein has no hesitation to join in the festival, but the petitioner do not agree to worship together.
8.In the Peace Committee Meeting, after hearing both the parties, the Revenue Divisional Officer, Sivagangai, passed an order stating that all the entire community people in the said Village will join together and celebrate the festival, without raising any law and order situation and the Police Department to ensure the same.
9.Now, the learned counsel appearing for the petitioner submitted that the petitioner has not given any such statement before the Revenue Divisional Officer. For generations together Agamudayarkarai community persons alone will be made as temple Poojaris and Vellalar community people do not act as pooraji and keep pongal and start the festival which decision is against the ritual followed for years together and this should not be tampered with.
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11.Heard all the parties and it was agreed after the Court's intervention that in the festival the rituals started on 06.11.2018 itself and on Sunday ie., 11.11.2018, one of the members of the petitioner's family, as suggested by the petitioner, would keep pongal and start that day's ritual and the opposite party will also co-operate for the said rituals.
12.The Writ Petition is disposed of, with the following directions:-
(i) Both the parties are at liberty to keep pongal in a fixed time and both the parties can join together and keep pongal separately and do all the rituals and after keeping pongal, poojas to be conducted by the Poojari and keep all the pongals in one place and after the rituals, it could be distributed to all the villagers and there will be no discrimination and there should not be any untoward incident. Both the parties are directed to maintain peace and cordial relationship with others.
(ii) The said function of offering horses has to be done as per the usual procedure and it is made clear that nobody is above the law and everybody are equal before the law and there should not be any disparity between the persons, who are participating in the festival. The Villagers as one family can perform the rituals.
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(iii) The concerned police authority is directed to give necessary protection to the Villagers in conducting the said Temple festival peacefully without any untoward incident.
(iv) No costs. Consequently, connected Miscellaneous Petitions are closed.
(v) For reporting compliance, post the matter on 20.11.2018.
09.11.2018
Index : Yes / No
Internet : Yes / No
Note:- Issue order copy
on 09.11.2018.
ps
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V.BHAVANI SUBBAROYAN,J.
ps
To
1.The District Collector,
Sivagangai District,
Sivagangai.
2.The Superintendent of Police,
Office of the Superintendent of Police,
Sivagangai.
3.The District Revenue Officer,
Collectorate Building,
Sivagangai District,
Sivagangai.
4.The Revenue Divisional Officer,
Sivagangai.
5.The Inspector of Police,
Thiruppuvanam Police Station,
Sivagangai District.
W.P(MD)No.22539 of 2018
09.11.2018
http://www.judis.nic.in