Disposed

Sasi Pandidurai v. The District Collector

Madras HC15 Jun 2022WP(MD)/10650/2022

Case brief

AI extract

What is this about?

Petition seeking writ of mandamus to allow temple festival. Court noted prior direction to approach Joint Commissioner but disposed of petition ordering police monitoring for peaceful conduct of the annual festival pending chief responded to potential disturbances.

What did the court decide?

Police directed to monitor temple festival to ensure peaceful conduct; petition disposed of.

Sasi Pandidurai Vs The District Collector — Property and Title | Madras HC (2022)

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W.P.(MD)No.10650 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 15.06.2022

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CORAM:

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THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR

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W.P.(MD)No.10650 of 2022

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Sasi Pandidurai .. Petitioner

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The District Collector Sivagangai, Sivagangai District.

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The Superintendent of Police Sivagangai, Sivagangai District. 3. The Tahsildhar Singampunari Taluk Sivagangai District 4. The Executive Officer Hindu Religious and Charitable Trust Thiruthali Thirukovil Thirupathur Taluk Sivagangai District.

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The Tharkar Arulmighu Santhi Veeran Swamy Temple Mallakkottai Village Singampunari Taluk Sivagangai District.

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6.Jayabalan ( R6 impleaded vide court order dated 13.06.2022 inWMP(MD) No.8157 of 2022 in WP(MD) No.10650 of 2022) .. Respondents

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PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent to grant permission for conducting the Avani month Erthukattu vizha in the temple namely Sri Santhi Veeranan Swamy Temple in Mallakottai Village, Singampuneri Taluk, Sivagangai District as per the village ancient customary proceedings by considering the petitioner's representation dated 10.05.2022 and resolution dated 22.05.2022 of the petitioner's village people.

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W.P.(MD)No.10650 of 2022

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For Petitioner For Respondents No.1 to 4 No.5

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For Petitioner : Mr.S.Saravanakumar For Respondents : Mr.P.T.Thiraviam No.1 to 4 : Government Advocate No.5 : Mr.P.Mahendran Standing counsel No.6 : Mr.J.Lawrence.

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ORDER

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The petitioner has filed the present writ petition seeking to consider the petitioner's representation dated 10.05.2022.

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The petitioner has sent representation to the Joint Commissioner of HR& CE Department, Sivagangai stating that in their village Santhi Veeranan Swamy temple has been there for more than 300 years and Periya Ambalakarar family have been maintaining the temple so long. For the temple in the year 1980, 2010 and 2019 Kumbabishekam performed, electricity bills and pooja expenses have been spent by the petitioner. For the past 11/2 year Tharkkar has been appointed to the temple. The Tharkar not consulting the villagers and on own making arrangement for performing pooja and for the forthcoming temple festival. The petitioner as well as the villagers are not allowed to worship the deity as per their custom. Even poojari of the temple has been removed by them . The petitioner earlier filed a Writ Petition in WP(MD) No. 8068 of 2022 and this Court by order dated 26.04.2022 directed the petitioner to approach the Joint Commissioner, file appropriate petition under Section 63(e) of the HR and CE Act, to challenge the appointment of the fit person get recognized the scheme and to produce a copy of the the order of the appointment of fit person, but till date, the petitioner not filed any petition before the Joint Commissioner , HR and CE. Further from 15.06.2022 to 15.07. 2022 temple annual festival is to be held. Fit person to hand over the temple administration to the villagers. He further submitted that the villagers on 22.05.2022 passed a resolution about the high handedness of the fit person. Further for not informing the villagers about the temple Annual festival, petitioner seeks appropriate direction.

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The learned counsel appearing for the fifth respondent would submit that he had been appointed as Thakar of the temple. Finding that there is mis- management as well as rivalry between two groups and for proper administration of the temple, he was appointed as fit person on 29.04.2011. The temple is under the control of HR and CE department from the year 1971. The fifth respondent took charge from the year 2011 and regularly poojas conducted and Annual temple festivals conducted except during 2 https://hcservices.ecourts.gov.in/hcservices/ years of Covid 19 pandemic situation. The petitioner a self

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W.P.(MD)No.10650 of 2022

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proclaimed head man in the village, expects all respect as first citizen of the village. There are some rival groups to the petitioner and they are opposing the same. As regard the temple it is properly administered ,before God all the villagers and the devotees are treated as equals no persons is given special treatment or honor during festival days or any other days. since there is uneasiness in the village, the Tahsildar was addressed to conduct peace committee meeting for conducting festival. Peace committee meeting held, resolved to conduct the Annual festival in a peaceful manner with cooperation of all.

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4.The learned counsel appearing for the sixth respondent would submit that he is one of the worshipper of the deity of the same village. After administration of the temple taken over by the fit person the administration of the temple is proper and regularly temple poojas and Annual festivals conducted.. The petitioner can participate in the temple festival without disturbing peace, without making an unreasonable privilege and demand to ensure that the temple festival is conducted in a peaceful and cordial manner.

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5.The learned counsel appearing of the respondent 1 to3 would submit that as per the direction of the first respondent, third respondent is to hold conduct peace committee meeting to ensure peaceful conduct of the temple festival. The petitioner can participate in the peace meeting. Further the first respondent had instructed the second respondent to give enough strength of police to maintain peace and law and order , ensure the temple Annual festival to be conducted in a peaceful manner.

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In view of the same, the Deputy Superintendent of Police, Thirupathur to monitor the temple festival which is scheduled to be conducted and ensure peaceful conduct of temple festival and to maintain law and order .

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With the above direction, the Writ Petition stands disposed of. No costs.

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Sd/-

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Assistant Registrar (ADMN-I)

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// True Copy //

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/ /2022 Sub Assistant Registrar(CS)

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W.P.(MD)No.10650 of 2022

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1.	The District Collector Sivagangai, Sivagangai District.
2.	The Superintendent of Police Sivagangai, Sivagangai District.
3.	The Deputy Superintendent of Police, Thirupathur Taluk, Sivagangai District
4.	The Tahsildhar Singampunari Taluk Sivagangai District
5.	The Executive Officer Hindu Religious and Charitable Trust Thiruthali Thirukovil Thirupathur Taluk Sivagangai District.
+1	CC to M/s.J. LAWRANCE, Advocate (SR-26009[F] dated 16/06/2022 )
+1	CC to M/s.P. MAHENDRAN, Advocate (SR-26097[F] dated 16/06/2022)
+1	CC to M/s.SPL.GP ( SR-26174[F] dated 16/06/2022 )
	W.P.(MD)No.10650 of 2022
	15.06.2022
AAV
USK	/16.06.2022/4P/9C

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Sasi Pandidurai v. The District Collector

Case brief

What is this about?

What did the court decide?

Sasi Pandidurai v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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