BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.04.2024 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.9948 of 2024 T.Uthanda Kumar ... Petitioner Vs.

1. The District Collector, Thoothukudi District, Thoothukudi. 2. The Revenue Divisional Officer, Thoothukudi Sub Division, Thoothukudi.

3. The Tahsildar, Thoothukudi Taluk, Thoothukudi.

4. The Superintendent of Police, Thoothukudi District.

5. The Inspector of Police, Pudhukottai police station, Thoothukudi District.

6. Muthu Ganapathi

7. Chandrasekaran ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to ensure proper and peaceful worship of the deities and the conduct of “Chithirai Kodai Vizha” at Arulmigu Sri Uthanda Madasamy temple, Vinayagapuram Village, Thoothukudi District scheduled to be held on 23.04.2024 and to grant permission to conduct festival in peaceful manner based on the petitioner's representation dated

18.04.2024 within a time frame fixed by this Court.

For Petitioner : Mr.P.T.Ramesh Raja For R-1 to R-3 : Mr.T.Villavan Kothai, Additional Government Pleader.

For R-4 & R-5 : Mr.A.Albert James, Government Advocate.

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O R D E R

Heard the learned counsel appearing for the writ petitioner and the learned Additional Government Pleader appearing for respondents 1 to 3 and the learned Government Advocate appearing for respondents 4 and 5.

2. The Inspector of Police, Pudukottai police station facilitated communication with the private respondents over Whatsapp video call.

3. The case on hand pertains to conduct of the petition mentioned temple festival. The temple belongs to two families. Both of whom hail from Devendrakula Vellalar community and the legal heirs are spread over three villages. There is a dispute regarding the manner of conducting the festival. Last year peace committee meeting was convened under the aegis of the Sub Collector, Thoothukudi. A copy of the proceedings dated 19.10.2023 has been enclosed in the typed set of papers.

4. It is made clear that all the three parties (A, B and C) should jointly celebrate the festival. But the said decision could not be implemented. There is again no consensus for the conduct of event this year also. That is why, the present writ petition came to be filed. 5. I am of the view that the celebration of the temple festival should not be stalled on account of inter se dispute among the three parties. The petitioner is said to have made all arrangements. But then, the function cannot be held under his leadership. The Tahsildar, Thoothukudi Taluk shall preside over the function. If for any administrative reason he is unable to do, he can delegate some other revenue official to preside over the function. It is made clear that the arrangements already made can be utilised for conducting function. But it is deemed that the function is being jointly organized and celebrated by all the three parties and the function will be presided over by the concerned revenue authority. All the three parties are entitled to participate in the festival. No person shall be conferred any special or first honour. The first honour will go only to the deity. The fifth respondent is also directed to ensure that the event is conducted peacefully. This writ petition stands allowed on these terms. No costs.

23.04.2024 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU Note : Issue order copy on 23.04.2024 immediately.

To:

1. The District Collector, Thoothukudi District, Thoothukudi. 2. The Revenue Divisional Officer, Thoothukudi Sub Division, Thoothukudi.

3. The Tahsildar, Thoothukudi Taluk, Thoothukudi.

4. The Superintendent of Police, Thoothukudi District.

5. The Inspector of Police, Pudhukottai police station, Thoothukudi District.

G.R.SWAMINATHAN,J.

PMU

23.04.2024