2024 Supreme(Mad) 145
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
V. BHAVANI SUBBAROYAN, J.
S. Naagu & Anr. - Appellants
Versus
The District Collector, Sivagangai & Ors. - Respondents
W.P (MD) No. 112 of 2024 & W.M.P (MD) No. 143 of 2024
Decided On : 05-01-2024
For the Petitioner:S. Ayyanar Prem Kumar. For the Respondents:R1 to R3, D. Gandhiraj, Special Government Pleader, R4 & R5, M. Aasha, Government Advocate, R6 & R7, Na.Palaniyandi, Advocate.
The court's decision emphasized the need to maintain peace and law and order while resolving disputes over religious ceremonies, invoking Section 107 Cr.P.C. and Article 226 of the Constitution of India.
Headnote:
Mandamus - Dispute over temple rights - Section 107 Cr.P.C. - Pongal ceremony - Article 226 of the Constitution of India - [Section 107 Cr.P.C.] - The court directed the parties to conduct the Pongal ceremony on specific dates and times, with police protection, and maintain peace and law and order.
Fact of the Case:
The petitioners sought a writ of mandamus to direct the respondents to take necessary action with regard to the petitioners' representation for conducting religious ceremonies at a temple, due to a dispute with another group.
Finding of the Court:
The court directed the parties to conduct the Pongal ceremony on specific dates and times, with police protection, and maintain peace and law and order.
Issues: Dispute over temple rights, representation for conducting religious ceremonies, and the need for police protection.
Ratio Decidendi: The court's decision was based on the need to resolve the dispute and ensure the peaceful conduct of religious ceremonies, invoking Section 107 Cr.P.C. and Article 226 of the Constitution of India.
Final Decision: The writ petition was disposed of with the direction for conducting the Pongal ceremony on specific dates and times, with police protection, and maintaining peace and law and order, without giving any party preferential treatment.
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents Nos.1 to 5 to take necessary action with regard to the petitioner's representation dated 23.12.2023.)
1. The Petitioner has filed this Writ Petition seeking a direction to the respondents 1 to 5 to take necessary action with regard to the petitioners representation, dated 23.12.2023.
2. The learned counsel appearing for the petitioners would submit that the petitioners are the Pangalis of Chokkan Vagaiyara. Sri Chokalingam, Sri Pattavar, Sri Ponnagaliammal Temple house situated in Survey No.691/10 of Navinakalam Village and another group headed by 6th respondent, they were named as Chokkandan Vagaiyara. The 6th respondent parties continuously troubling the petitioners group from worshiping the above God and in this regard a Peace Committee Meeting was conducted by the third respondent on 27.07.2015, but same was failed.
3. In such circumstances, on 21.06.2023 the third respondent authorities obtained a bond under Section 107 Cr.P.C., vide the proceedings in M.C.No.9 of 2023 dated 27.06.2023 from the both parties and thereafter, no issues till now. Therefore, the petitioners group have decided to conduct Poojas and Kumbabisegam in the above temple house from 18.10.2023 to 20.10.2023, without disturbing the rights of the 6th respondent and their Pangalis.
4. The petitioners have made a representation before the respondents 1 to 4 on 03.10.2023 seeking relief to provide permission and protection to the Poojas and Kumbabisegam yet to be conducted on 18.10.2023 to 20.10.2023 and the same is pending without any further progress, hence, the petitioners have approached this Court by filing a writ petitions in W.P.No.24758 and 25041 of 2023. This Court on 16.10.2023 disposed the said writ petitions and passed the following orders:-
“2. There is some dispute between the group led by Thiru.chokkalingam on the one hand and the group led by Thiru.Naagu on the other.
3. The group headed by Thiru.Chokkalingam had spent a substantial sum of money for performing Kumbabishekam for the petition-mentioned temple house (Kovil Veedu). The learned counsel appearing for Thiru.Chokkalingam is able to produce the account details also.
4. The learned Special Government Pleader on instructions from the official respondents also confirms that “Thirupani” activities were carried out only by Thiru.chokkalingam group. Therefore, it is just and proper that Thiru.Chokkalingam is allowed to conduct Kumbabishekam. They have fixed on 01.112023 as the Kumbabishekam date. On the said date, Kumbabishekam will be held.
5. Shri.Sundara Pandian, Inspector of Police, Nerkuppai Police Station, Sivagangai District is present in person. Both the parties agreed that Kumbabishekam can be performed under his leadership. On the said date, all the parties can participate with devotional fervour. Shri.Sundara Pandian, Inspector of Police will ensure that the customary formalities are followed. It is stated that there are totally 56 families and “Thalaikattu Vari” will be collected from all 56 families. The Inspector of Police will ensure that “Vari” is collected from Naagu group also.”
5. Now, the said Kubabishekam was conducted on 01.11.2023, but the difference between the parties are still continue and Mandalapooja was held on 17.12.2023. Further, the 6th and 7th respondents parties restrained the petitioners party from attending Mandala Poojas and with regard to the same, police complaint also lodged by the petitioners party. The petitioners Pangalis decided to celebrate the Pongal festival by providing Padayal to the god at the above mentioned temple house on 14.01.2024. Further, the petitioners made an application before the respondents 1 to 5 on 23.12.2023 seeking permission and po