Dismissed

K.Pannerselvam v. The Commissioner

Madras HC10 Sept 2019WP/22422/2019

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition filed under Article 226 seeking a direction to permit petitioners (who had a dispute over property and theft of a temple knife) to perform poojas in a village temple, holding the plea was a guise to escape criminal cases.

What the court decided

AI extract

K.Pannerselvam Vs The Commissioner — Pension and Retirement Benefits | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 10.09.2019

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CORAM

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THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU

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W.P.No.22422 of 2019 and W.M.P.No.21785 of 2019
1. K.Pannerselvam 2. K.Anbalaghan
3. K.Arumugam ... Petitioners
-vs-
1. The Commissioner Hindu Religious and Endowments 119, Uthamar Gandhi Salai Thousand Lights West Nungambakkam, Chennai – 600 034.
2. The District Collector Villupuram District Villupuram.
3. The District Revenue Officer Villupuram District Villupuram.
4. The Superintendent of Police Villupuram District Villupuram.
5. The Inspector of Police Thirunavallur Police Station Ulunthurpet Taluk Villupuram District. ... Respondents
Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the
Respondents herein to conduct enquiry on the petitioners
Representation dated 05.07.2019 and permit the petitioner herein
to perform the Poojas in Arulmighu Pedari Amman and Ayyanar
Kovil situated at Ma.Kunnathur Village, Ulunthurpet Taluk, Villupuram District.

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For Petitioner : Mr.S.Ramajeyam For Respondents : Mr.M.Maharaja (For R1) Special Government Pleader (HR&CE) Mr.R.Venkatesh (For R2 to R5) Government Advocate

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O R D E R

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The Writ Petition has been filed for a direction to the Respondent to conduct enquiry on the representation dated 05.07.2017 to permit him to perform Pooja in Arulmighu Pedari Amman and Ayyanar Kovil situated at Ma.Kunnathur Village, Ulunthurpet Taluk, Villupuram District.

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The Second Respondent has filed counter affidavit, in which it has been elaborately stated as follows:

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“5. It is submitted that the said writ petition filed before this Hon'ble High Court with a prayer to direct the respondents herein to conduct enquiry on the petitioner's representation dated 05.07.2019 and allow the petitioners herein to perform the poojas in Arulmighu Pedari Amman and Ayyanar Kovil situated at M.Kunnathur Village, Ulundurpet Taluk, Villupuram District. In this regard it is submitted that the petition was sent to the Superintendent of Police, Villupuram, the Sub Collector, Tirukoilur and the Assistant Commissioner, HR&CE, Vilupuram for necessary follow up action.

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It is submitted that, in the temples namely Sri Moongilamman, Sri Mariyamman and Sri Ayyanar Temples situated at Ma.Kunnathur Village, Ulundurpet Taluk. The following persons were acted as poosaries and doing poojas in that temples:-

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Seperumal S/o. Subramani

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Arumugam S/o. Vaiyapuri

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Sakthivel

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Pannerselvam S/o. Kodiyan (Late)

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Anbalagan S/o. Kodiyan (Late)

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Arumugam S/o. Kodiyan (Late)

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It is humbly submitted that, on 10.08.2018 in the said village, there was a quarrel between the first writ petitioner herein, Pannerselvam S/o. Kodiyan and one Raja S/o. Kuppa Gownder who is the ExPanchayat President of the Village. They quarreled

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between themselves regarding right to claim ownership of a property. It is further submitted that in that quarrel Pannerselvam tried to attack the said Raja by using a knife (Koduva) which is used in the Kovil Thiruvizhas (Temple Festival) in that village. Regarding the issue, both the said individuals have separately given police complaint and the complaints were registered as Crime No.286/2018 and Crime No.284/2018 in Thirunavalur Police Station.

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It is further submitted that, after the said occurrence, the said Pannerselvam has not stayed in this house in the village. He stays in Kuchipalayam, a nearby village. Even though he was not stayed during nights in M.Kunnathur Village, he used to come regularly to that village in day time (i.e. 6.00 a.m. To 6.00 p.m.) and his brothers stayed and residing over in that village. It is further submitted that, a Original Suit in O.S. No. 315/2017 was filed before the Principal District Munsif Court, Ulundurpet regarding the ownership of the property which leads to quarrel among them and the suit is pending before the court.

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It is further submitted that, in the letter received from the Sub-Inspector of Police, Thirunavalur stated that this year temple festival will start from 04.08.2019 and before that should reach a amicable decision after conducting a Peace Committee Meeting with Pannerselvam and Raja and others in this regard. It is further submitted that, thereafter, they were personally informed to attend the Peace Committee Meeting to be conducted by the Tahsildar on 03.08.2019. In the Peace Committee Meeting conducted by the Tahsildar, ulundurpet officials of Hindu Religious and Charitable Endowments Department, Ulundurpet, Inspector of Police, Thirunavalur, Zonal Deputy Tahsildar, Revenue Inspector, Kalamarudur Firka, Village Administrative Officer and Village Assistant of M.Kunnathur were participated. In the Meeting, the write petitioners, Pannerselvam and his brothers requested to do poojas in the Temple during the time of temple festival in the capacity as poosari.

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In this connection, it is further submitted that, the Tahsildar, Ulundurpet has reported that the village persons, who attended the Peace Committee Meeting have stated that, Pannerselvam and Raja quarreled with each other for claiming right over a

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property and for the said reason, Pannerselvam tried to attack Raja by using a knife (Koduva) which was used during the time of Thiruvizha. For the said reason, the people of the said village not permitted the Pannerselvam and his brothers to do temple poojas from the date of said occurrence. The people of the village till this date not disturbing the said Pannerselvam and his brothers. Further, without the presence of Pannerselvam and his brothers, last year conducted thiruvizha with calm and peace. There was no Law & Order incidents.

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It is further submitted that the officials of Hindu Religious and Charitable Endowments Department have stated that, 5 persons of that village (Nattanmaigal) administering the temple administration and four acres land of the temple was cultivated by the persons who doing Poojari work, and they took over the income from the cultivation as their monthly salary. It is further submitted that, after hearing all the parties in the Peace Committee Meeting, it is concluded that, Original Suit in O.S.No. 315/2017 is pending before the District Principal Munsif Court Ulundurpet between the writ petitioners Pannerselvam and his brothers and Raja regarding ownership of a property and there is a writ petition praying to allow Pannerselvam and his brothers to permit them to do poojas in that temple. Therefore, it is understood from the village people that the Pannerselvam and his two brothers would not be permitted to do poojas in the forthcoming Thiruvizha and requested both sides to co-operate with police and Revenue Officials for smooth celebration of the Thiruvizha without any law and order issue. The peoples of the village, who attended the Peace Committee Meeting have signed in the resolution of the Committee Meeting but the said Pannerselvam and his two brothers, did not accept the resolution, they went out without signing in the resolution.

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It is submitted that, the Tahsildar, Ulundurpet has reported that the said writ petitioners were not permitted by the village peoples to do poojas in the capacity of Poosari in the said temples. Based on their activities, (i.e.) the first writ petitioner, Pannerselvam, misused the knife (temple Koduva) to attack one Raja and the said Koduva was used during the poojas in the temple. The Writ Petitioner mentally hurt the village people's religious faith. After the incident, the people of the village have not permitted the Writ Petitioners to do poojas in the capacity of Poosari.”

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On a perusal of the same, it has been evident that the complaint of the Petitioner does not actually relate to permitting him to perform Pooja as claimed, but it is only a guise to enter into the village after criminal cases have been filed against him.

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In such circumstances, the question of considering the representation does not arise at all. Accordingly, this Writ Petition is dismissed. Consequently, connected miscellaneous petition is closed. No costs.

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Assistant Registrar(CO)

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//True Copy//

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Sub Assistant Registrar

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maya

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The Commissioner

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Hindu Religious and Endowments

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119, Uthamar Gandhi Salai, Thousand Lights West

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Nungambakkam, Chennai – 600 034.

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The District Collector Villupuram District, Villupuram.

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The District Revenue Officer Villupuram District Villupuram.

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The Superintendent of Police Villupuram District, Villupuram.

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The Inspector of Police Thirunavallur Police Station

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Ulunthurpet Taluk, Villupuram District.

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+1cc to the Special Government Pleader(HR & CE), S.R.No.78036 +1cc to the Government Pleader, S.R.No.78452

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NMI(CO) CS/25/09/2019

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W.P.No.22422 of 2019

K.Pannerselvam v. The Commissioner

Case brief

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What the court decided

K.Pannerselvam v. The Commissioner

Case brief

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