S.Karuppiah Vs The District Collector

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents herein to conduct the 'Karthikai Deepa Thiruvizha' of Sri Angalaparameswari Temple, Poolankuruchi Village, Sivagangai District on 13.12.2024, and all ensuing festivals in the forthcoming years by receiving Thalaikattu Vari from all the participating villagers including the people of Ainthu Karai and Nangu Karai Community and to permit all the villagers to worship the deity and participate in the above said festival without any hindrance and to further refrain any person from receiving special respect / honours of any kind in the above said temple festival at Arulmigu Angala Parameswari temple.

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For Petitioner : Mr.T.Cibichakraborthy For R1 to R4 : Mr.R.Suresh Kumar Additional Government Pleader

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For R5 : Mr.P.Subbaraj Special Government Pleader

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For R6 to R9 : Mr.K.Mahendran

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ORDER

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The writ petition has been filed seeking for a direction to the respondents to conduct 'Karthikai Deepa Thiruvizha' at Sri Angalaparameswari Temple, Poolankuruchi Village, Sivagangai District on 13.12.2024 and all ensuing festivals in the forthcoming years by receiving Thalaikattu Vari from all the participating villagers including the people of 'Ainthu Karai' and 'Nangu Karai' community and to permit all the villagers to worship the deity and participate in the above said festival without any hindrance and to further refrain any person from receiving special respect/honours of any kind in the above said temple festival at Arulmigu Angala Parameswari temple.

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It is the claim of the petitioner that Sri Arulmigu Angala Parameswari temple at Poolankuruchi Village, Sivagangai District belongs to two clans, namely 'Nangu Karai' and 'Aindhu Karai' people. The petitioner belongs to 'Aindhu Karai' and the respondents 6 to 9 belong to 'Nangu Karai'. It has been an

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understanding that the temple will be in management of each of the clans alternatively in every calendar year and they have been managing and performing the rituals and festivals of the temple as per the said understanding. However, when the Karhigai Deepam Thiruvizha of the temple was to be conducted on 13.12.2024, the members of the 'Nangu Karai' clan had objected to the members of 'Aindhu Karai' clan to even enter into the temple to worship the deity. Hence, the petitioner had approached this Court seeking direction to the Official respondents to conduct the festivals including both the clans and also with participation of all other villagers and also from receiving special receipt and honors of any kind in the above temple. He would vehemently contend that the respondents 6 to 9, who belong to 'Nangu Karai' are objecting to the worship by the members of the 'Aindhu Karai' clan.

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On the contrary, learned counsel appearing on behalf of the respondents 6 to 9 would submit that the temple is only being managed by the members of 'Nangu Karai' and that they have been only performing the rituals and festivals of the temple and that the members of 'Aindhu Karai' do not have any right in the affairs of the temple.

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I have considered the rival submissions made by the learned counsel on either side.

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Admittedly, there is a claim by two set of people claiming to be in management of Sri Arulmigu Angala Parameswari temple at Poolankuruchi Village, Sivagangai District and the right with regard to the performance of the rituals and festivals in the temple. Section 63 and 64 of the HR & CE Act, 1959 envisage that such disputes can be resolved by a concerned Joint Commissioner or the Deputy Commissioner.

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In such view of the matter, without entering into the factual disputes that had been raised by the respective counsel on either side, this Court is of the view that if the respective parties approach the jurisdictional Joint Commissioner under

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the relevant provisions of the Act and the same is decided by the said statutory authority, it will give a quietus to the issue.

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In such view of the matter, the petitioner as well as the respondents 6 to 9 are directed to approach the jurisdictional Joint Commissioner by taking out necessary application in the manner known to law to remedy their grievances. They are also entitled to move the authority for interim relief in respect of festivals that would have to be conducted in the temple pending decision to be taken by the jurisdictional Joint Commissioner. It is made clear that till such time, the respondents 6 to 9, who are alleged to have been in management of the temple, shall not prevent any person including the members of 'Aindhu Karai' form worshipping the deity or from participating in the festivals that is to be conducted in the temple.

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With the aforesaid directions, the Writ Petition stands disposed of. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.

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Index : Yes / No Internet : Yes / No mm

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29.01.2025

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To