This is an application to revise an order under section 144, Criminal Procedure Code, made by the Stationary Sub-Magistrate, Conjeeveram in respect of the performance of Soorasamharam festival before the Mohambariamman Temple in Ayyampet, a suburb of Conjeeveram. The festival comes off on the 18th of this month and in view of the fact that the petitioners had been restrained by similar orders in the preceding years from performing the festival, they applied sufficiently early with a view to get orders from the Magistrate and if the orders went against them to obtain remedy by way of revision from this Court. The application was disposed of by the Magistrate on 9th October, 1947. He found on the basis of a report from the Circle Inspector of Police that if the petitioners are permitted to perform the festival first before the counter-petitioners, there may be breach of the peace. Consequently, the Magistrate passed orders under section 144, Criminal Procedure Code, fixing two different periods of time on 18th November, 1947, when either party should perform the festival at that place. The counter-petitioners’ party was to perform it first between 5-30 p.m. and 7 p.m. on that day and during that time the petitioners’ party was restrained from interfering with the celebration of the festival by the counter-petitioners. Likewise the petitioners were permitted to hold the festival between 7-15 p.m. and 9 p.m. and during that time the counter-petitioners were to be restrained by interfering with the performance of the ceremony by the petitioners.

It would appear that the petitioners are interested in Kandappan temple situated in Kadapparkoil Street where the deity Subramaniam is worshipped. The idol seems to have been installed and worshipped in that temple from time immemorial. In Mohambariamman temple which is situate in Palli Street there was no Subramania idol. Hence Soorasamharam festival used to be performed by the petitioners bringing their idol from Kandappan temple near Mohambariamman temple and performing Soorasamharam there. In or about 1906 the counter-petitioners installed Sri Balasubramaniaswami in the Mohambariamman temple and consecrated it. Thereafter, they commenced to perform Soorasamharam festival themselves. Disputes started between the two parties as to who was entitled to prior performance of the festival. For some time, the performance of the festival by either party was stopped by the authorities with the result the petitioners filed O. S. No. 290 of 1930 in the District Munsiff’s Court, Maduranthakam for a declaration of their right and for an injunction restraining the counter-petitioners from interfering with the exercise of those rights. That suit was decided by the District Munsiff on 4th February, 1931. The learned District Munsiff found that the petitioners were entitled to perform Soorasamharam festival for their idol on the public road near Mohambariamman temple although they were not entitled to do so within the counter-petitioners’ temple or in the vacant site in front thereof. As regards the right that was specifically claimed in that suit by the petitioners to have their Soorasamharam festival performed prior to that of the counter-petitioners, the learned District Munsiff made this observation:

“It appears to me, considering the fact that the plaint idol has been having the utsavam for a much longer time than that of the defendants’ idol and that the defendants’ idol came into existence only very recently, the preference ought to have been given to the plaintiffs’ idol to have the Surasamharam done first. But no such right can be declared and it is for the Magistracy and the police who will have to regulate the performance of the festival to pass suitable orders. Their right to regulate these is undisputed.” Following upon these findings, the declaration was granted in these terms:

“That the plaintiffs are entitled to perform their Surasamharam festival for their idol in the public highway