The importance of conducting the festival in the traditional manner and ensuring the participation of all willing persons from all groups and communities without discrimination.

V. Ramasubramanian, J.

1. The petitioner has come up with the above writ petition, seeking the issue of Writ of Mandamus to direct the respondents to conduct Kandadevi, Sri Swarnamoortheeswarar, Kumkuma Kaliamman Temple Festival, in the Tamil month of Aani in Kettai Natchathiram for every year.

2. Heard, Mr. K.P. Narayanakumar, learned counsel for the petitioner, Mr. K. Chellapandian, learned Additional Advocate General assisted by Mr. V.R. Shanmuganathan, learned Special Government Pleader for the respondents 1 to 4, Mr. T. Srinivasaraghavan, learned counsel for the fifth respondent and Mr. J. Anandkumar, learned counsel for the respondents 6 and 7, who have been newly impleaded.

3. The Temples in Kandadevi Village of Sivagangai District, hit the headlines for wrong reasons, about two decades ago. We do not wish to get into reasons and as to why it happened and how it happened. Suffice to say that it is a Temple coming under the Management of the Sivagangai Samasthana Devasthanams.

4. The customary rights for receiving honours and for taking the deity in Palanquin, were settled by an order of the Joint Commissioner, passed way back on 08.04.1999 in O.A.No.11 of 1998. The said order, was partly modified by the Commissioner, H.R. & C.E. Department, by an order, dated 26.06.1999 in A.P.No.15 of 1999.

5. As per the orders of the Commissioner, H.R. & C.E. Department, there are four groups of Villagers, who are entitled to respects and honours and who are entitled to do Mandakapadi, on various days of the ten day festival conducted in the Temple. These groups of Villagers, are known as Nattars. They are,

(i) Iravuseri Nattars;

(ii) Unjanai Nattars;

(iii) Semponmari Nattars; and

(iv) Thennilai Nattars.

These Nattars are represented, by a Headman chosen by the Villagers. As on date, the Iravuseri Nattars are represented by Periyakaruppan Ambalam, Unjani Nattars are represented by one Ramasamy Ambalam, Semponmari Nattars are respresented by one Ramasamy Ambalam and Thennilai Nattars are presented by one Ramesh Ambalam.

6. It is admitted on both sides that during the temple festival, that used to be conducted for ten days, the people from the following Villages used to carry the deity in Palanquin.

1. Semponmari

(i) Semponmari

(ii) Aravayal

(iii) Sonarkottai

(iv) Iruvinivayal

(v) Kandan Karuvayal

2. Thennilai

(i) Thennervayal

(ii) Udappanpatti

(iii) Pananthoppu

(iv) Pudhu Kanmoi Kasalai

3. Unjanai

(i) Thanicha Oorani Kaspa

(ii) Siru Maruthoor Kaspa

7. It appears that in the years 1998, 2000 and 2001, the festival was not conducted apprehending law and order problem, in view of the fact that the people belonging to the Scheduled Caste were not permitted to pull the Temple car and subsequently, it was resolved and the festivals were conducted in the years 2002, 2004, 2005 and 2006.

8. Thereafter, renovation work was undertaken and on account of the same, the festivals were not conducted from 2007 onwards. In the year 2012, the consecration of the Temple was conducted followed by the festival, however, without the Temple car being drawn. However, in the year 2013, the festival was confined only to the precincts of the Temple. The Flag was not hoisted and the deity was not carried out of the Temple, on account of the fact that the Temple car was in a damaged condition.

9. Apprehending that this year also, the festival will not be conducted in the usual manner by hoisting flag and carrying the deity around the Temple, the petitioner came up with the present writ petition.

10. After notice, the learned Special Government Pleader submitted on instructions from the Joint Commissioner, H.R. & C.E. Department, that unless the four groups of Nattars come together and co-operate, it is not possible to celebrate the festival, as it used to be done as per the tradition. The District Administration was also of the same view. Both the H.R. & C.E., Department and the Police Department, were of the view that without the co-operation of all groups o