JUDGMENT :

(Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to permit the petitioner to conduct the lighting festival in the eye of Thirukkarthikai Deepam in Sootupothai Lingeswarar Temple, situated on the top of the Sootupothai mountain, near Ervadi, Vallioor, Tirunelveli District on 19.11.2021 and to give adequate police protection based on the petitioner's representation dated 03.11.2021.)

1. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.) for the respondents 1 to 3 and the learned counsel for the fourth respondent.

2. The case of the petitioner is that there is a practice of lighting lamp at the summit of Sootupothai Malai near Ervadi, Vallioor, Tirunelveli District on the occasion of Karthigai Deepam. This year the festival falls on 19.11.2021. His apprehension is that the police authorities may at the instance of the fourth respondent prevent them from doing so. Hence, he has filed this writ petition for being provided with adequate police protection for conducting the petition mentioned event.

3. The learned Government Advocate (Crl.) appearing for the official respondents submitted that the place has been classified as government poromboke. The District Collector had granted permission to the fourth respondent trust to develop the site. The District Collector had granted permission only to the fourth respondent to perform the event. He therefore submitted that there is no merit in the writ petition.

4. The learned counsel appearing for the fourth respondent while endorsing the stand of the learned Government Advocate added that the very filing of this writ petition is an abuse of legal process. He would point out that the petitioner's brother Thiru.S.Thanuskodi had filed writ petitions during the last two years and they suffered a dismissal. The fourth respondent had filed a typed set of papers enclosing the relevant materials. He pointed out that as early as on 29.05.2009, the fourth respondent has obtained permission from the District Collector for carrying out the afforestation activities around the site in question. The Trust has been maintaining the road around the Sootupothai Mountain. On 11.07.2008, permission was again granted by the District Collector for laying steps to reach the summit and for facilitating the lighting of the karthigai lamp. He submitted that since the petitioner's brother could not succeed in the years 2019 and 2020, the petitioner had come forward to file this writ petition. His foremost contention is that the practice followed in Thiruvannamalai is being replicated in Sootupothai Malai also. In the very nature of things, there can only be a single time lighting of the main lamp. He called for dismissal of the writ petition. He also would point out that the petitioner has deliberately moved this Court literally at the last moment.

5. I carefully considered the rival contentions and went through the materials on record. The petitioner's brother had filed W.P.(MD)No. 23018 of 2018 seeking permission to conduct the event on 22.11.2018. After hearing both the parties, vide order dated 20.11.2018, the following directions were issued.

“(I) the persons belonging to Sri Muthukrishna Swamy Trust (the fourth respondent herein) shall light the Deepam at about 05.30 pm. On 22.11.2018 and they shall get away from the hillock.

(ii) the petitioner and his men belonging to the Muthuparadesi Sidhar Trust shall light the Deepam at about 06.30 pm. on 22.11.2018.

(iii) both parties shall give a written undertaking to the third respondent agreeing to comply with the conditions imposed by the third respondent for up keeping law and order

(iv) the third respondent may impose any condition required to maintain law and order.”

6. I find considerable merit in the contention of the learned counsel appearing for the fourth respondent that such last minute approaching of the Court must be discouraged