S. Kaliyamoorthy vs The Revenue Divisional Officer Kumbakonam

T.S. Sivagnanam, J.—By consent, the Writ Petition is taken up for final disposal at the time of admission itself. Mr. N.S.Karthikeyan, the learned Additional Government Pleader takes notice for the respondents 1 to 4 and Mr. Sankar, learned counsel takes notice for the respondents 5 & 6.

The prayer sought for in the writ petition is for issuance of writ of mandamus to direct the first respondent to permit the petitioner to celebrate Karagam festival at Arulmigu Aadhi Nandhavanathu Mariamman Temple Pettai North east Street, Kumbakonam and lifting the Kargam by the petitioner.

The issue involved in this writ petition had had a chequered history. This Court observes that the egos of the petitioner and the respondents 5 & 6 appears to loom large than the intention to worship the deity and it has resulted in filing of this writ petition and an earlier suit and an order under Section 107 of Cr.P.C passed by the Sub-Collector, Kumbakonam.

There was certain dispute with regard to performing the ritual in the said temple and the there was objection by the respondents 5 & 6 and their group of people. Ultimately, it resulted in law and order situation. Apart from that, there were other allegations, which was taken note of by the first respondent in exercise of his powers under Section 107 Cr.P.C and an order was passed on 21.03.2014 stating that no celebrations could be conducted and an enquiry was also fixed.

It is seen that thereafter, the order passed by the first respondent has not been reviewed or modified till date. In the mean time, the petitioner would state that the respondents 5 & 6 are going to conduct the festival and they are propagating that they are the officials to conduct the festival.

The learned Additional Government Pleader would submit that the Sub-Collector, Kumbakonam has given a specific order on 16.07.2014, directing the Superintendent of Police, Kumbakonam to conduct an enquiry in the matter and then submit a report as regards the feasibility for conducting the said festival, without breach of law and order. It appears that after the proceedings dated 16.07.2014, no such meeting has been convened.

In the interregnum period, the learned counsel for the petitioner would submit that her client has given an instruction stating that a meeting is going to be convened by today i.e 25.07.2014 at 4.30 p.m by the first respondent.

Hence, this Court finds that when the earlier order passed under Section 107 Cr.P.C dated 21.03.2014 has not been modified or reversed, the first respondent has to once again assess the situation, since there are complaints and counter complaints.

At this stage, the learned counsel appearing for the fifth respondent would rely upon an interim order granted by the learned Principal District Munsif, Kumbakonam in I.A.175 of 2014 in O.S. No. 55 of 2014, where, the writ petitioner was plaintiff and would state that the petitioner herein/plaintiff in the above suit only prayed for right of worship and not any other right. In the said background, that petition was closed and if there is any violation in the above stand, the matter has to be adjudicated before the concerned court.

The issue involved in this writ petition pertains to the law and order situation in the area. In this regard, the respondents 1 & 2 shall assess the same. Even as per the version of the petitioner, a peace committee meeting is to be conducted at 4.30 p.m today (25.07.2014) in the Office of the first respondent. The petitioner, respondents 5 & 6 and all persons who are all interested in the matter shall participate in the meeting. The second respondent shall also be present. Both parties shall place all the grievances before the first respondent and thereafter, the first respondent shall assess the situation and pass appropriate orders on merits and in accordance with law.

With the above direction, the Writ Petition is disposed of. Consequently, connected Miscellaneous Petitions M.P.(md). Nos. 1 to 3 of 2014 are closed. No costs.