W.P.No.
29121 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.08.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.29121 of 2019
And
W.M.P.Nos.28900 and 28902 of 2019
S.Velusamy ... Petitioner
Vs.
1.The District Collector,
Namakkal District,
Namakkal.
2.The Joint Commissioner,
Hindu Religious and Charitable Endowment Department,
Kottaimariamman Temple Campus,
Behind Old Bus Stand, Salem – 1.
3.The Revenue Divisional Officer,
Tiruchengode,
Namakkal District.
4.The Superintendent of Police,
Namakkal District,
Namakkal.
5.The Tahsildar,
Paramathivelur Taluk,
Paramathivelur,
Namakkal District.
6.Rajendran
7.Krishnan
(R7 impleaded vide order dated
16.03.2020 made in WMP.1149/2020
in WP.29121/2019 by GKIJ) ... Respondents
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W.P.No.29121 of 2019
Prayer:
Petition filed under Article 226 of the Constitution of India to
issue a Writ of Certiorarified Mandamus, calling for the entire records
relating to the impugned order passed by the third respondent in his
proceedings No.Mu.Mu.No.3264/2019/C, dated 01.10.2019 and quash
the same and consequently directing the respondents 1 to 5
permitting the petitioner to give Muppattu right for this year during
the Venkaraiamman Temple festival conducting from 08.10.2019 to
12.10.2019.
For Petitioner : Mr.C.Prakasam
For Respondents : Mr.C.E.Pratap
Government Advocate (Crl. Side)
ORDER
This writ petition has been filed seeking issuance of Writ of
Certiorarified Mandamus, calling for the entire records relating to the
impugned order passed by the third respondent in his proceedings
No.Mu.Mu.No.3264/2019/C, dated 01.10.2019 and to quash the same
and to consequently direct the respondents 1 to 5 permitting the
petitioner to give Muppattu right for this year during the
Venkaraiamman Temple festival conducting from 08.10.2019 to
12.10.2019.
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W.P.No.29121 of 2019
2.The case of the petitioner is that he is hailing from Vettuva
Gounder Community and sub caste Kulam called as Moola Kula
Vettuva Community residing at Poosaripalayam Village and in their
Village, their community people are called as Mupattukarar and they
are honoured by Temple Authorities/ Poojaris/ Trustees in their Kula
Temple situated at Venkarai Village called as Venkaraiamman
Temple.
3.It is the further case of the petitioner that every year during
the month of Purattasi, the said Temple festival was celebrated and
during the year 2018, during the festival time, some of the Village
people created law and order problem and hence the third respondent
convened the peace meeting on 29.09.2018, 01.10.2018 and
03.10.2018 and arrived at a conclusion that the right of Muppattu is
tc continue with Poosaripalayam Moola Kula Vettuva Gounder people
and all parties accepted and thereafter the third respondent passed
orders vide proceedings dated 03.10.2018.
4.It is the further case of the petitioner that during the year
2019, the Trustees printed invitations for Venkaraiamman Temple
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W.P.No.29121 of 2019
festival without getting prior permission from the second respondent
and refused the right of Muppattu by ignoring the peace committee
meeting resolutions. Hence, the petitioner approached this Court by
filing W.P.No.28280 of 2019 seeking direction to the respondents 1 to
4 therein to implement the peace committee resolution and when the
said writ petition came up for hearing before this Court, the third
respondent therein represented that the Tahsildhar held peace
committee meeting on 29.09.2019 and passed resolution that the
hereditary Trustee is having power to appoint the Muppattukarar and
the said writ petition was disposed of on 30.09.2019.
5.It is the further case of the petitioner that thereafter, the
third respondent called for peace committee meeting on 01.10.2019
and passed resolution dated 01.10.2019 that the Venkarai people and
Poosaripalayam people are having rights for Muppattu by rotation in
every year. Challenging the same, this writ petition has been filed.
6.The learned counsel appearing for the petitioner submitted
that for several years the petitioner's group was receiving the right,
however, in the year 2019, the said right was changed. Further, if
any group want to conduct the Temple festival, they have to file suit
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W.P.No.29121 of 2019
before the competent Court to establish their rights and some people
in both the groups were directed to execute bond under Section 107
of Cr.P.C., which is un-sustainable one.
7.The learned Government Advocate submitted that the
impugned order is perfectly valid one. If any party is aggrieved by
the same, they have to file civil suit before the competent civil Court.
Without doing so, filing writ petition is un-sustainable one. He
further submitted that the issue involved in the case is disputed
question of fact which cannot be decided in writ petition filed under
Article 226 of the Constitution of India.
8.Heard the submissions made on either side and perused the
materials placed on record.
9.Perusal of impugned order reveals that since no conclusion
was arrived at during the peace committee meeting on 29.09.2019
held by the Thasildhar, appeal was preferred and based on the
appeal, peace committee meeting was held and the impugned
proceedings dated 01.10.2019 was passed stating that the Venkarai
people and Poosaripalayam people are having rights for Muppattu by
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W.P.No.29121 of 2019
rotation in every year. If any group claiming any executive rights to
conduct the Temple festival, they have to file suit before the
competent Court to establish their rights and some people in both the
groups were directed to execute bond under Section 107 of Cr.P.C.
10.Hence, I am not inclined to interfere in the impugned order.
It is the duty of the third respondent to maintain peace in the
locality. The third respondent has rightly passed the order impugned
in the writ petition which cannot be found fault with.
11.This writ petition is disposed of. Liberty is granted to the
petitioner to work out the remedy in the manner known to law. No
costs. Consequently, connected miscellaneous petitions are closed.
31.08.2021
pri
Speaking Order/ Non Speaking Order
Index: Yes/ No
Internet: Yes/ No
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W.P.No.29121 of 2019
To
1.The District Collector,
Namakkal District,
Namakkal.
2.The Joint Commissioner,
Hindu Religious and Charitable Endowment Department,
Kottaimariamman Temple Campus,
Behind Old Bus Stand, Salem – 1.
3.The Revenue Divisional Officer,
Tiruchengode,
Namakkal District.
4.The Superintendent of Police,
Namakkal District,
Namakkal.
5.The Tahsildar,
Paramathivelur Taluk,
Paramathivelur,
Namakkal District.
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W.P.No.29121 of 2019
M.DHANDAPANI,J.
pri
W.P.No.29121 of 2019
And
W.M.P.Nos.28900 and 28902 of 2019
31.08.2021
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