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2021 DIGILAW 2106 (MAD)

A. Subramanian v. Deputy Superintendent of Police, Alangulam, Tenkasi

2021-08-13

G.ILANGOVAN

body2021
JUDGMENT : (Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the respondents to grant permission to conduct pooja and worship the deity on 12.08.2021 and 13.08.2021 in Madasamy Temple situated at Kulaiyaneri Village Veerakeralampudur Taluk, Tenkasi District.) 1. This petition is filed seeking a direction to the respondents 1 and 2 to grant permission to conduct pooja and worship the deity on 12.08.2021 and 13.08.2021 in Madasamy Temple situated at Kulaiyaneri Village Veerakeralampudur Taluk, Tenkasi District. 2. The learned counsel appearing for the petitioner submitted that there are two groups operating in the village. One is called Nattamai Group, who is the petitioner herein. In the year 2020, Ayyamperumal Group conducted the festival. For the present year, the petitioner has to conduct Pooja and Worship the deity on 12.08.2021 and 13.08.2021. So, on that basis, the petitioner gave a representation dated 21.07.2021 to conduct the Pooja in Madasamy Temple situated at Kulaiyaneri Village, Veerakeralampudur Taluk, Tenkasi District. However, there is no action. Hence, this petition. 3. The learned counsel for the petitioner would further submit that in respect of another temple called Arulmigu Sree Bhadhrakaliamman Temple, a similar problem arose in the last year and by order dated 06.10.2020, this Court permitted both groups to perform Poojas, since Poojas should not be skipped. Similar situation arises in this matter also. The learned counsel for the petitioner submits that in this year Pooja must be conducted by the petitioner group as ordered by the first respondent. 4. The learned Additional Public Prosecutor (Crl.Side) appearing for the respondents 1 and 2 submitted that because of the group clash, a Peace Committee Meeting was convened on 31.07.2021 and in that meeting, it was decided to perform Poojas on the basis of the decision taken by the villagers. But so far, no decision has been taken by the villagers. 5. However, the learned counsel for the petitioner insisted that the Poojas have to be performed on 13.08.2021 and 14.08.2021. 6. As per the direction issued by this Court, the petitioner has filed impleading petition impleading one G.Thirumal as a necessary party. 7. Mr.S.Sivakumar, learned counsel is appearing for the newly impleaded party and the learned counsel is also present before this Court through video conference. 8. 6. As per the direction issued by this Court, the petitioner has filed impleading petition impleading one G.Thirumal as a necessary party. 7. Mr.S.Sivakumar, learned counsel is appearing for the newly impleaded party and the learned counsel is also present before this Court through video conference. 8. It appears that there is continuous trouble in performing the pooja in the Madasamy Temple mentioned in the petition. In respect of which various proceedings have been initiated. The learned counsel for the third respondent would submit that today morning i.e. on 13.08.2021, a suit is filed before the learned District Munsif, Tenkasi in which the petitioner's son is impleaded as a party. 9. Whatever it may be, continuous trouble exist among the parties. Hence, I am of the considered view that Pooja to the deity cannot be postponed or skipped as observed by this Court in W.P(MD)No.13708 and 13832 of 2020. Those two writ petitions were filed by the petitioner herein and the third respondent with regard to conduct pooja in another temple called Pathrakaliamman Temple situated in the same Village. It is seen that both the temples are situated in the same Village. In respect of both temples dispute exists between the parties. By order dated 6.10.2021, this Court has observed that on account of the factional disputes, poojas cannot be skipped. Both parties can perform pooja and on that ground the writ petitions were dismissed with the above said direction. 10. The learned counsel for the petitioner as well as the learned counsel for the third respondent are agreeing for the very same direction in respect of Madasamy Temple which is scheduled to be conducted on 13.08.2021 and 14.08.2021. 11. (i) It is ordered that Pooja shall be conducted by both parties on 13.08.2021 and 14.08.2021. (ii) The first respondent police shall ensure law and order is maintained since police picketing is also arranged in the place. (iii) Both parties shall follow the Covid-19 protocol that is issued by the Government during such Poojas. (iv) If any untoward incident is noticed, the first respondent police shall evict the parties from the place immediately and take action. 12. With the above directions, this writ petition is disposed of. No costs.