Vanumamalai v. The District Collector

ORDER The present Writ Petition has been filed for issuance of a Writ of Certiorarified Mandamus, to quash the impugned order passed by the third respondent dated 03.05.2023 and consequently forbear the respondents 1 to 4 from permitting the fifth respondent to perform the temple festival in Sri Thalavai Nalla Madasamy Temple in Ramanujamputhur Village, Srivaigundam Taluk, Thoothukudi District, which is scheduled to be conducted in the month of Vaigasi.

2.Heard the learned counsel appearing for the petitioner and the learned Additional Government Advocate appearing for the respondents 1 to 4 and perused the materials available on record.

3.Considering the nature of the order going to be passed in the Writ Petition, notice to the fifth respondent is dispensed with.

4.This is a peculiar case of conflict between two groups in the administration and conduct of the temple festival of Sri Thalavai Nalla Madasamy Temple in Ramanujamputhur Village, Srivaigundam Taluk, Thoothukudi District. Once in every three years, the people of the said Ramanujamputhur Village used to celebrate the temple festival in a very grand manner. However, the conflict will evolve and Peace Committee Meeting would be conducted by the revenue respondents herein every time. Similarly, in the very same manner, this time also a conflict arose between the rival parties. As a result of which, the Peace Committee Meeting was conducted on 03.05.2023 in the office of the Tahsildar, at about 06.00 p.m., wherein, a conciliation proceeding was arrived at. However, without getting the consent of the 'B' party, the signature of 'A' party was obtained by the revenue authorities and thereafter the revenue authorities proceeded to grant permission to the fifth respondent herein to conduct the temple festival in Sri Thalavai Nalla Madasamy Temple in the month of Vaigasi. This will lead to serious chaos, conflict and law and order problems in Ramanujamputhur Village and hence, this Writ Petition came to be filed.

5.Considering the fact that the signature of 'B' party was not obtained by the revenue authority herein, this Court is inclined to quash the impugned order, dated 03.05.2023 passed by the third respondent permitting the fifth respondent to conduct the temple festival and the impugned order, dated 03.05.2023 passed by the third respondent is quashed and further, this Court directs the third respondent to conduct a Peace Committee Meeting again on or before

26.05.2023 by giving notice to all the members of A' and 'B' rival parties and arrive at a consensus and thereafter, give permission to the competent person to conduct the temple festival.

¶6With the above directions, this Writ Petition is allowed. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.

19.05.2023 NCC : Yes/No Index : Yes / No Internet : Yes ps To

1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Revenue Divisional Officer, Thoothukudi District, Thoothukudi.

3.The Tahsildar, Srivaigundam Taluk, Thoothukudi District.

4.The Inspector of Police, Seithunganallur Police Station, Thoothukudi District.

L.VICTORIA GOWRI, J. ps W.P.(MD)No.12343 of 2023

19.05.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.05.2023 CORAM: THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.(MD)No.12343 of 2023 and W.M.P(MD)Nos.10489 & 10490 of 2023 Vanumamalai ... Petitioner Vs. 1.The District Collector, Thoothukudi District, Thoothukudi. 2.The Revenue Divisional Officer, Thoothukudi District, Thoothukudi. 3.The Tahsildar, Srivaigundam Taluk, Thoothukudi District. 4.The Inspector of Police, Seithunganallur Police Station, Thoothukudi District. 5.Nallamuthu .... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the third respondent dated 03.05.2023 and quash the same and consequently forbear the respondents 1 to 4 from permitting the fifth respondent to perform the temple festival in Sri Thalavai Nalla Madasamy Temple in Ramanujamputhur Village, Srivaigundam Taluk, Thoothukudi District. For Petitioner : Mr.K.Navaneetharaja For RR 1 to 4 : Mr.P.Subbaraj Special Government Pleader