The court emphasized the importance of evidence in supporting claims and the need to approach the court with clean hands.

1. This Writ Petition has been filed to direct the respondents 1 to 4 to take immediate steps to forbear the construction of Mariamman Temple by one of the groups under the leadership of the respondents 5 and 6 excommunicating 22 families in Survey No.489/1, Government Natham Poramboke Land situated at Siruvayal Village, Paramakudi Taluk, Ramanathapuram District.

2. The petitioner is an agriculturist and his Village consist totally 70 families. According to the petitioner, originally two families were excommunicated during the year 2009. Subsequently, 22 families were excommunicated and seven families including the petitioner's family were driven out of his Village and there exists permanent and perennial enmity between two groups for more than two decades.

3. According to the petitioner, 22 families are ready and willing to co-operate for construction of Mariamman Temple in his Village in the Government Natham poramboke land in Survey No.489/1, after obtaining permission from the competent authority. Respondents 5 and 6 along with their Henchman are taking serious efforts to construct the Mariamman Temple of their group excluding 22 families. They have collected contribution of funds from their group excluding 22 families. A representation dated 16.08.2012 was sent to the respondents 1 and 2 and other officials by speed post and Telegrams were also sent on 24.08.2012 to the respondents 1, 2 and 4 and the Home Secretary, Chief Minister's Special Cell. No action was taken either to stop the construction or to unite all the people for the common cause for construction of temple for providing access to the proposed Mariamman Temple.

4. The following cases were registered in connection with the persisting dispute between the two groups:-

S. No.		Crime No.		Sections
1	80/2009		147, 148, 427, 448, 506 (ii) and 379 (N.H.) of IPC
2	117/2009		147, 148, 323, 324, 326 and 302 of IPC
3	23/2010		147, 448, 427 and 379 (N.H.) of IPC

In addition to the above, proceedings under Section 107 Cr. P.C. are also pending before the third respondent.

5. According to the petitioner, the construction of Mariamman Temple by one of the groups will lead to disturbance of public peace and tranquility and there may not be any possibility of re-union of two groups at any point of time in future. The petitioner's father viz., S.Sivasankaran obtained an information under the Right to Information Act to the effect that no permission was granted for construction of Mariamman Temple. Therefore, the petitioner has filed the present writ petition for the relief stated supra.

6. The fourth respondent has filed counter affidavit. It is stated that the Temple is situated at Survey No.481/1, a Government Natham poramboke land, Siruvayal Village. There is a dispute between the two groups in the Village. There are complaints and counter complaints by both the groups. However, the police have registered FIR in Crime Nos.80/2009, 117/2009 and 23/2010. Even after registering the FIR, the police and revenue officials convened a peace committee meeting headed by the fourth respondent on 14.05.2010, wherein both the parties did not agree with the decision of the meeting. However, the police officials have initiated a proceeding against 19 persons from both the groups under Section 107 Cr. P.C. in Crime Nos.84 and 85 of 2010, on 20.07.2010.

7. It is further stated that the parties living in harmony and no extradition or excommunication had taken place as alleged by the petitioner. The petitioner and other persons were involved in a murder case in Crime Nos.117 of 2009 and 23 of 2010. Those persons alone left from the Village without any force from the other rival group of the Villagers. As per the interim order passed by this Court, the fourth respondent vide proceedings in Na.Ka.No.A2/20515/2012, dated 10.09.2012, stopped the