The custom of celebrating the temple festival annually and the use of Mandamus to ensure peaceful conduct.

JUDGMENT

(Prayer:Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the 4th respondent to consider the petitioner''s representation dated 26.07.2023 and subsequently, direct the 4th respondent not to permit the 7th respondent to conduct any festival this year in Arulmigu Uchini Makaliamman Temple, Nerkattanseval, Sivagari.)

1. The petitioner is a native of Nerkattanseval. He has filed this writ petition for a Mandamus directing the 4th respondent/the Tahsildar, Sivagiri, to consider his representation dated 26.07.2023 and not to permit the 7th respondent to conduct any festival this year in Arulmigu Uchini Makaliamman Temple, Nerkattanseval, Sivagari.

2. A representation of the petitioner was made to the 4th respondent/the Tahsildar, Sivagiri, that there shall not be any function or celebration in Arulmigu Uchini Makaliamman Temple, Nerkattanseval, Sivagari. Knowing that the 4th respondent/the Tahsildar, Sivagiri, has already convened a Peace Committee Meeting on 05.03.2023, wherein, a decision was also taken permitting the parties to conduct the temple festival in a peaceful manner, the petitioner has submitted this representation dated 26.07.2023 to the 4th respondent and filed this writ petition for a Mandamus directing the 4th respondent not to permit the 7th respondent to conduct any temple festival for this year also.

3. The learned counsel appearing for the petitioner, by referring to the criminal cases, which were registered in the year 2015 in Cr.Nos. 152 and 153 of 2015 on the file of the Puliyankudi Police Station, submits that there is a dispute between two groups, for which, criminal cases are also pending. This Court, in W.A.(MD)No.807 of 2016, on 29.04.2016, has also taken cognizance of this issue and passed an order with certain conditions that the festival shall be conducted by HR&CE Department. However, a murder had taken place in the year 2016 and thereafter, for the past 7 years, the temple festival was not conducted. Therefore, according to the petitioner, if any temple festival is conducted again, another untoward incident may take place. Apprehending the law and order problem, the petitioner has approached the 4th respondent/the Tahsildar, Sivagiri, by way of his representation dated 26.07.2023 and also filed this writ petition before this Court.

4. Mr.R.J.Karthick, learned counsel, who takes notice for the 7th respondent, submits that this writ petition is filed at the instance of one Gomathi Muthu Rani, the appellant in W.A.(MD)No.807 of 2016. The said Gomathi Muthu Rani, claiming to be the descendent of Zamindar, was insisting for the first honour during the temple festival that was not accepted by the Villagers. Therefore, she has not permitted the Villagers to perform the temple festival for the past 7 years. The learned counsel further submits that at the instance of the entire Villagers and on their efforts, the temple was renovated and Kumbhabhishekham was also performed peacefully in the month of March 2023. Now, the entire villagers are intending to perform the annual festival as usual, which was conducted previously.

5. Mr.R.J.Karthick, learned counsel for the 7th respondent, has also referred to the order of this Court in W.A.(MD)No.807 of 2016. He further submits that the entire Villagers are worried and disappointed that the temple festival has not been performed for several years. For the welfare of the village and the people, the Villagers should be allowed to perform the temple festival in a peaceful manner. The learned counsel further submits that the 7th respondent, being the Panchayat President, will extend his cooperation for the peaceful conduct of the temple festival and also for the welfare of the people of the Panchayat.

6. Mr.G.V.Vairam Santhosh, learned Additional Government Pleader, who takes notice for the respondents 1 to 4, on instructions, submits that at the time of conducting the Kumbhabhishekam, a Peace C