A.Settu Poosari Vs The District Collector

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, to call for the records pertaining to the impugned resolution passed by the 3rd respondent in Na.Ka.No.2212/2025/A2, dated 29.04.2025 and to quash the same.

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For Petitioner : Mr.R.Subramanian For R1 to R3 : Mr.K.S.Selva Ganesan Additional Government Pleader For R5 : Mrs.M.Aasha Government Advocate (Criminal side) For R6 : Mr.V.Santha Kumaresan

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ORDER

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The present Writ Petition has been filed for the issuance of a Writ of

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Certiorari, to quash the impugned resolution passed by the 3rd respondent in Na.Ka.No.2212/2025/A2, dated 29.04.2025.

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2.The contention of the petitioner is that there is a temple without idol in the village wherein all the villagers would participate in the yearly function. However, there was a dispute between the petitioner and the 6th respondent regarding certain rituals. The further contention of the petitioner is that he would create the idol and carry the idol to a particular spot and do pooja.

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3.As far as the 6th respondent's claim is concerned, he would participate in the function and distribute viboothi. When both the rights are determined and both the parties have agreed, there is no dispute at all as alleged. In fact, the same is recorded in the interim direction. The relevant portion of the interim order, dated 06.05.2025, is extracted hereunder:

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"5. In view of the above and especially after going through the averments made in the affidavit filed by the 6 th respondent in W.P. (MD)No.11444 of 2025, I find that the only grievance of the 6 th respondent herein was that the petitioner herein did not allow the 6 th respondent to participate in the temple welfare activities and distribute vibuthi to devotees at the time of festival. However, the 6 th respondent has not claimed any right to carry the idol in the said affidavit dated 16.04.2025. Therefore, in the light of the above specific case of the 6 th respondent and also taking into account the non enforceability of the Peace Committee Meeting decisions made by the Tahsildar and the further fact that the petitioner has been admittedly carrying out the activities of poojari in the said temple, he is entitled to carry the idol in the ensuing function. At the same time, the petitioner also agrees that the 6 th respondent can participate in the function and also distribute vibuthi to the devotees which was his only grievance in W.P.(MD)No.11444 of 2025. The 6 th respondent shall also ensure that sufficient police personnel are to be posted so that the function is celebrated peacefully, without any breach of law and order. It is made clear that in the event of 6 th respondent claiming any right over the post of hereditary poojari, including the right to carry the clay idol, it shall be open to the 6 th respondent to approach the competent civil court and seek appropriate declaration."

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4.The right of the petitioner and the 6th respondent are independent

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to each other and it is confirmed in the above interim direction and parties have also accepted the same. Therefore, this Court is not disturbing the rights of both the parties. Both the parties shall carry on their independent activities without further allegations and abide by the order so that the deity is with peace.

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5.With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

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07.08.2025

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NCC : Yes / No Index : Yes / No Internet : Yes

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