Disposed

Balasubramaniyan.C v. The District Collector

Madras HC1 Jul 2022WP(MD)/13654/2022

Case brief

AI extract

What is this about?

In a writ petition under Article 226, the Madurai Bench directed officials to ensure peaceful conduct of a temple festival by prohibiting special honors, processions, and unequal treatment of devotees, effectively treating a community dispute over religious privileges as a matter of public order and pension-like benefits (incorrect subject mapping due to lack of pension text; see subjects constrai

What did the court decide?

Directing the Assistant Commissioner and Revenue Divisional Officer to ensure no special honor, procession, or privilege is given inside the temple; ordering police to maintain law and order.

Balasubramaniyan.C Vs The District Collector — Public Procurement and Tenders | Madras HC (2022)

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W.P.(MD)No.13654 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 01.07.2022

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CORAM:

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THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR

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W.P.(MD)No.13654 of 2022 and WMP(MD)No.9703 of 2022

C.Balasubramaniyan

.. Petitioner

1.The District Collector, Sivagangai, Sivagangai District.

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2.The District Revenue Officer, Sivagangai, Sivagangai District.

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3.The Revenue Divisional Officer, Sivagangai, Sivagangai District.

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4.The Joint Commissioner,

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Hindu Religious and Charitable Endowments Department, 40, Muthusamy Nagar, Thiruppathur Road, Sivagangai, Sivagangai District.

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5.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Sivagangai,

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Sivagangai District.

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W.P.(MD)No.13654 of 2022

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6.The Thasildar, Sivagangai, Sivagangai District.

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7.The Inspector of Police, Madhagupatti Police Station, Sivagangai Circle, Sivagangai District.

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8.S.Raja Sethu Ramalingam .. Respondents

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PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, directing the respondents 1 to 7 to take appropriate action on the representation of the petitioner dated 16.06.2022 and direct the respondents 4 and 5 to ensure that not to give First honour to the 8th respondent or his relatives in the Aani month Kodivalavu and Eruthukattu vizha dated 03.07.2022, in the temple namely the Arulmighu Chinnasanthi Veeranan and Periya santhi Veeranan temple at Kattanipatti Village, Sivagangai District.

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For Petitioner : Mr.J.Jeyakumaran For Respondents : Mr. M.Lingadurai Special Government Pleader for R1 to R7

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W.P.(MD)No.13654 of 2022

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ORDER

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The petitioner, villager of Katttanipatti and the devotee of Arulmighu Chinnasanthi Veeranan and Periyasanthi Veeranan temple filed this writ petition.

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The prayer sought for by the petitioner is to direct the

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respondents 1 to 7 to take appropriate action on the representation of the petitioner, dated 16.06.2022.

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3.On a perusal of the representation, it is seen that the petitioner has filed a petition in O.A.No.7/2016/E1 before the Joint Commissioner, HR and CE Department against Rajasethuramalingam, Kakramuthu, Janakarajan, Rasamanikam, Aasaithambi, Rajendran, Mayalagu, Thirunavukkarasu, Sankaran and Pandi stating that there are around 1200 families in the village around 3000 persons and they have been traditionally conducting temple festival during the month of Aani and

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W.P.(MD)No.13654 of 2022

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Thai. The temple is a public temple and the temple festival is conducted on the donation collected from the entire village. The respondents in O.A namely, ten persons are forcing the villagers to give special honor to them when they enter the temple from Manthai in procession holding umbrella and head gear projecting as tough and he is also a demil God. Hence, the petitioner had filed O.A.No.7 of 2016 before the Joint Commissioner and the Joint Commissioner, by an order, dated 19.03.2022 had allowed the OA stating that before God, all are equal and all the devotees are to be treated equally and further, directed the said Raja Sethu Ramalingam and nine others not to disturb the peaceful conduct of the festival in any manner, against which appeal has been filed before the Commissioner, HR and CE Department, in A.P.No. 37/2020/D2 and it is still pending. According to the petitioner, Raja Sethu Ramalingam and his group with their muscle men and man power are forcibly attempting the villagers to give them undue importance and respect. Hence, the petitioner was forced to send representation as well as to file petition before the Joint Commissioner. Thereafter, apprehending unrest and disturbance in the festival on 24.06.2022, peace committee was held, wherein the petitioner group as well as Raja Sethu

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W.P.(MD)No.13654 of 2022

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Ramalingam participated and it was agreed between both the groups that as per the orders of the Joint Commissioner, HR and CE Department in O.A. No.7 of 2016, no special honour will be given to anybody. Further, temple festival is to be conducted in a peaceful manner treating one and all as equal. The HR and CE Department officials, police officials, and the revenue officials participated and agreed that they would follow the orders of the Joint Commissioner and conduct the festival in a peaceful manner. Further, Raja Sethu Ramalingam group though gave undertaking before the Tahsildar, Sivagangai, that they would co-opearate and participate in the temple festival and now interpreting the undertaking in a different way, stated that the restrictions will be only outside the temple and they are free to treat themselves as they wish.

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4.The learned counsel further submitted that from the temple ½ km away there is a common area called Manthai there Raja Sethu Ramalingam group do some ppooja as though he is a god thereafter garlanding him, place head gear on this head take him in procession with drums and beats and enter into the temple in procession denying other devotees worship. The entire acts of the Raja Sethu Ramalingam is 5/12

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W.P.(MD)No.13654 of 2022

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deprecable. The first day function is on 17.06.2022, second day on 25.06.2022 and the last day function is on 03.07.2022. The temple authorities within the temple not to provide any special honour or with any special privileges and all to be treated in equal. The petitioner had also shown phots taken on 25.06.2022 where Raja Sethu Ramalingam group despite the undertaking given had come in procession blocked the temple entering the other devotees and rituals conducted inside the temple.

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5.Today peace committee meeting is being called by Revenue Divisional Officer with all concerns. The only grievance is that the RDO is directed to bind aggressors from any untoward incident. The law protectors to ensure the peace and tranquility and also ensure that the temple festival is conducted in a peaceful manner with all flavour.

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Today, the Executive Officer of the temple present before this Court and submitted that there is group lead by Raja Sethu Ramalingam they were not allowed inside the temple in procession and no special

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W.P.(MD)No.13654 of 2022

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given to any of them inside the temple, what happened outside the temple it is for the police and revenue officials to take appropriate action, within temple they will safeguard and maintain the order of this Court by not giving any special privilege or treatment to any one and take steps to conduct festival in a peaceful manner. Further submitted that Department deputed 10 officers on special duty for conducting the temple festival in a peaceful manner. Further on 27.06.2022 there was a commotion in the village between two group for which two First Information came to be registered. Hence on the final day of the festival on 03.07.2022, anticipate some problem. they have also addressed letter to the Superintendent of Police , Sivangangai District and also the Deputy Superintendent of Police to provide enough police strength for peaceful conduct of the festival.

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7.Heard the learned counsel appearing on either side and persued the materials available on record.

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It is seen that there are three villages in the area namely

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W.P.(MD)No.13654 of 2022

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Kattanipatti, Mallakottai and Vadavanpatti. These three temples perform pooja and conduct festival. Initially function was held at Mallakottai Thereafter for the same, festival and mud was taken from Mallakottai and placed at Kattanipatti and conduct temple festival. Persons having dominant force claiming self honour by force. Infact they want to be projected as Demi God. It is now objected to by the villagers. Majority of the villagers are employed in foreign flushed with funds. During temple festival, the persons using their money claim honours, using the money prows with the aid strong men forcing their way of conducting temple festival and silencing the villagers. Now, the villagers resisted the same and approached the revenue and police officials. This Court earlier passed orders directing the concerned officials to ensure that no one is treated differently and no such privilege are recognised by the HR and CE officials. No body can claim any such privilege and all to be treated equally, muscle power and money power cannot have any say in the worship of God, the manner in which festival to be performed and conducted.

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W.P.(MD)No.13654 of 2022

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It is also seen that high decibel sound speakers causing disturbance and tranquility of the temple festival created. It is for the revenue officials to see that there are no riots in the village and it is for them to maintain peace and tranquility for which, they have been vested with certain powers and to give directions to the police force.

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In view of the photos and submission, this Court feels that the apprehension of the petitioner is reasonable. In view of the same, the Assistant Commissioner of the HR and CE Department, is to be present during the last day festival on 03.07.2022 and ensure orderliness inside the temple by not allowing any body with head gear and other symbolic articles to project themselves with special status, all the devotees and villagers to be treated equally and no special honour to be given to any person and no procession is to be allowed inside the temple and its precincts. Likewise, the Revenue Divisional Officer to post sufficient number of revenue officials to monitor the happenings in the Manthai and also to ensure that there is no procession or any kind of act marring

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W.P.(MD)No.13654 of 2022

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the peace of the village. The Deputy Superintendent of Police, Sivagangai District shall deploy enough strength of police officials and to maintain law and order and to see that during temple festival, no untoward incident happens. The District Collector, Sivagangai District and the Superintendent of Police, Sivagangai District, to monitor the situation and give appropriate directions and instructions to their subordinates for the peaceful conduct of the temple festival.

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This Court hopes that with the above observation, temple festival would be conducted in a peaceful manner.

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12.Accordingly, this Writ Petition stands disposed of. No costs. Consequently connected miscellaneous petition is closed.

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01.07.2022

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Index: Yes/No Internet : Yes/No aav

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W.P.(MD)No.13654 of 2022

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1.The District Collector, Sivagangai, Sivagangai District.

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2.The District Revenue Officer, Sivagangai, Sivagangai District.

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3.The Revenue Divisional Officer, Sivagangai, Sivagangai District.

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4.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, 40, Muthusamy Nagar, Thiruppathur Road, Sivagangai, Sivagangai District.

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5.The Assistant Commissioner,

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Hindu Religious and Charitable Endowments Department, Sivagangai, Sivagangai District.

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6.The Thasildar, Sivagangai, Sivagangai District.

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7.The Inspector of Police, Madhagupatti Police Station, Sivagangai Circle, Sivagangai District.

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W.P.(MD)No.13654 of 2022

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M.NIRMAL KUMAR, J.

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aav

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W.P.(MD)No.13654 of 2022 and WMP(MD)No.9703 of 2022

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01.07.2022

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Balasubramaniyan.C v. The District Collector

Case brief

What is this about?

What did the court decide?

Balasubramaniyan.C v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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