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B. PUGALENDHI
M. Velladurai – Appellant
Versus
District Collector, Collectorate, Tenkasi – Respondent
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
Cooperation with the Peace Committee Meeting and consideration of law and order condition are crucial factors in granting permission for conducting festivals.
Court directs Peace Committee to assess temple festival feasibility amid disputes and pending civil suit without injunction.
The court emphasizes the need for police protection during religious festivals while recognizing the rights of multiple parties to celebrate.
The fundamental right to worship is not restricted to one temple, allowing groups to worship in different temples without coercion.
Temple administration disputes to be resolved by civil court; interim festival conduct per peace agreement with cooperation.
The court's decision was influenced by the circular memorandum issued by the Director General of Police, Tamil Nadu, providing guidelines for consideration of applications seeking permission for cond....
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