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2025 Supreme(Online)(MAD) 13822
HIGH COURT OF MADRAS
Mrs.J.NISHA BANU, Mrs.S.SRIMATHY, JJ
Pandi S.S – Appellant
Versus
The District Collector – Respondent
W.A(MD)No.875 of 2025
Mr.A.Prasanna Vinoth for Mr.V.Kishore Kumar; Mr.J.Ashok Additional Government Pleader; Mr.A.Albert James Government Advocate (Crl.Side); Mr.D.Balamuruga Pandi
Specific directions are essential in writ petitions to ensure compliance with customary practices and prevent discrimination against participants.
Headnote:(A) Constitution of India - Article 226 - Writ appeal to set aside order of Writ Court for participation in temple festival - Appellant sought direction for inclusion in the Panguni Pongal Festival - Writ Court recorded submissions of respondents and closed the petition without specific directives - The appellant contended that absence of direction may lead to discrimination in participation. (Paras 1-8)
(B) Writ Jurisdiction - It is essential for the court to issue specific directions to ensure compliance with customary practices and prevent potential discrimination - The court emphasized the necessity of clear instructions to officials for safeguarding the rights of participants. (Paras 4-6)
Facts of the case:
The appellant filed a writ petition to ensure participation of 7 Pangalies in the Panguni Pongal Festival, claiming the private respondents had barred their participation. The Writ Court noted that there was no objection from the private respondents for the appellant's participation, yet closed the petition without a directive.
Findings of Court:
The court directed the private respondents to allow participation and collect contributions from the appellant, ensuring peaceful participation in the festival.
Issues: The main issue addressed was whether the Writ Court should have issued a specific direction for the appellant's participation in the festival.
Ratio Decidendi: The court ruled that specific directions are necessary to ensure compliance with customary practices and to prevent discrimination, emphasizing the role of the Thakkar in facilitating participation.
Result: Writ appeal allowed with directions.
JUDGMENT
(Judgment of the Court was made by J.NISHA BANU, J.
This writ appeal is filed to set aside the order passed by the Writ Court in W.P(MD)No.8144 of 2025 dated 27.03.2025 and for a consequential direction to the 4th respondent to appoint the Executive Officer (Thakkar) to ensure participation of 7 Pangalis and other community people in the Panguni Pongal Festival of Sri Ayyanar Karuppana Samy, Sellayi Amman and Mandhayamman Temple, scheduled from 28.03.2025 to 30.03.2025, as per the customary practice.
2. The appellant / writ petitioner filed the said writ petition to direct the respondents 1 to 3 to take action for the participation of all the 7 Pangalies in the upcoming Panguni Pongal Festival - 2025 scheduled to be conducted from 28.03.2025 to 30.03.2025 on the basis of his representation dated 17.03.2025.
3. Though the appellant/petitioner filed the above writ petition contending that the private respondents had not granted permission to participate in the abovesaid temple festival, stating that the temple belongs to them, during the hearing of the writ petition, the learned Additional Public Prosecutor submitted that the 8th respondent, who is the Thakkar of the temple, appeared before the 7th respondent/Police and gave a written statement that he will co-operate for peaceful conduct of the festival. The counsel for the respondents 8 to 11 also submitted before the Writ Court that the private respondents have no objection for the participation of the appellant in the temple festival. Recording the said submissions, the Writ Court closed the writ petition by the impugned order. The relevant passage of the order passed by the Writ Court is extracted hereunder:
''3.The learned Government Advocate appearing for the respondents 1 to 4 would submit that the temple viz., Sri Ayyanar Karuppanasamy, Chellayee Amman and Manthiaiyammal Temple belongs to the HR & CE Department and the Thakkar is the competent person to conduct any festival. All the public can worship the temple in the event of Panguni Pongal. They will approach the respondents 5 to 7 to provide police protection during the festival. Therefore, there is no discrimination as alleged by the petitioner. The petitioner can also participate in the Pongal festival.
4.The learned Additional Public Prosecutor appearing for the respondents 5 to 7 would submit that there is a dispute between the petitioner and the private respondents. The main allegation made by the petitioner is against one Jeyaraj, who is the 8th respondent herein. The 8th respondent has also appeared before the 7th respondent and gave a written statement that he will co-operate for peaceful conduct of festival. Therefore, the matter has already been settled. Hence, no further orders are required to be passed in this case.
5.The learned counsel appearing for the respondents 8 to 11 would submit that the 8th respondent is the Thakkar, appointed by the HR & CE Department and he has no objection for the participation of the petitioner in the temple festival.
6.This Court had heard both sides and perused the materials available on record.
7.The main grievance of the petitioner is that the private respondents restrained the petitioner from worshiping the deity and to take part in Panguni Pongal festival, which is scheduled to be held from 28.03.2025 to 30.03.2025.
8.Since all the respondents denied the allegations levelled by the petitioner and they have not restrained the petitioner from worshiping the deity and to take part in Panguni Pongal at Sri AyyanarKaruppanasamy, Chellayee Amman and Manthiaiyammal Temple from 28.03.2025 to 30.03.2025 and they have no objection to grant police protection during the festival, this petition is closed by recording the submission of the respondents.''
4. Assailing the impugned order, learned counsel for the appellant would submit that though the private respondents had no objection for the appellant's participation in the temple festival, the Writ Court has merely recorded the sam
