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2022 DIGILAW 2662 (MAD)

Kumaresan v. Siva Subamania Marthandan

2022-08-12

S.S.SUNDAR, S.SRIMATHY

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JUDGMENT (Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, as against the judgment dated 02-08-2022 in W.P.(MD).No.17212 of 2022.) S.S. Sundar, J. 1. This writ appeal is directed against the order of the learned single Judge of this Court, dated 02.08.2022 in W.P(MD)No.17212 of 2022 in the writ petition filed by the first respondent in this writ appeal. 2. Though the learned counsels appearing for the appellants as well as the first respondent referred to several factual issues, this Court is not inclined to go into those disputes for the present in view of the consensus of counsels appearing for the appellants as well as the first respondent with regard to celebration of festival this year in the sub-temples with the patronage of main temple Arulmigu Anandhavalli Amman Thirukovil. 3. It is admitted that the temple was founded by the forefathers of the appellants as well as the first respondent by name Nawab Kumar Marthandan, who is the originator of Keezha Veetu Marthanda Nadars Group. An original application in O.A.No.45 of 1969 was filed before the Deputy Commissioner, HR & CE Department, Madurai, by the representatives of Keela Veetu Marthanda Nadars Group under Section 63(a) of the HR & CE Act, 1959, claiming that the temple is a private temple belonging to Keela Veetu Marthanda Nadars Group. The consequential prayer was for injunction restraining the HR & CE Department not to interfere with the day-to-day affairs of the temple by appointing non-hereditary Trustees for the temple. The said application was dismissed by the Deputy Commissioner. However, the Deputy Commissioner has held that the temple is being administered only by the representatives of Keela Veetu Marthanda Nadars Group. From this, it appears that the character of the temple was declared as a public temple. Whereas, the office of trusteeship was held to be hereditary. 4. It appears that there was some dispute pursuant to the installation and replacement of the main deity Arulmigu Anandhavalli Amman between two factions among the Keela Veetu Marthanda Nadars Group. The dispute led to several proceedings. The disputed statue of main deity was now under the custody of the Tahsildar, Thisaiyanviali Taluk. 4. It appears that there was some dispute pursuant to the installation and replacement of the main deity Arulmigu Anandhavalli Amman between two factions among the Keela Veetu Marthanda Nadars Group. The dispute led to several proceedings. The disputed statue of main deity was now under the custody of the Tahsildar, Thisaiyanviali Taluk. However, the first respondent who also claims to be one of the four Trustees of the Arulmigu Anandhavalli Amman Temple and the sub-temples, filed a writ petition for issuance of a writ of Mandamus, to direct the respondents 1 to 5, to forbear any conduct of the yearly Temple festival or any other festival except the daily poojas in Arulmigu Anandhavalli Amman Thirukovil, Sri Mutharamman Thirukovil and Sri Mariyamman Thirukovil and Sivananaintha Perumal Thirukovil, Kuttam Village, Thisaiyanvillai Taluk, Tirunelveli District. 5. The writ petition was disposed of by the learned single Judge even without issuing notice to the other group who are shown as respondents 6 to 13 in the writ petition. Based on a police report and the order in the proceedings initiated under Section 107 of Cr.P.C., the learned single Judge disposed of the writ petition with the following order: “9.Considering the abovesaid rival submissions and on perusal of the materials, it is seen that there has been some dispute with regard to change of Idol from sitting position to standing position and now, 200 years old Idol is attempted to be replaced with new damaged Idol by the petitioner, which caused some disturbance, and therefore, 107 Cr.P.C. proceedings initiated and the custody of the old Idol is now handed over to the fourth respondent/Revenue Divisional Officer, Chearnmahadevi. There have been some rivalry between the petitioner's group and another group and now, the situation is volatile, due to which, the Police and revenue officials are keeping watching over the area. Since the specific order of the fourth respondent is that no festival can be conducted during this incompatible situation and only daily Poojas can be permitted, the Police, Revenue as well as the Temple authorities are directed to take appropriate steps to resolve the issue and also to replace the broken Idol with the consent of one and all and also after getting Expert opinion, thereafter, in co-operation and participation of one and all, the festivals can be held. Till the situation improves, the daily Poojas alone can be permitted, which is the recommendation of the Police as well the Temple authorities. In view of the same, the Temple authorities are directed to maintain peace and law and order and not to conduct any festival till consensus arrived between one and all.” 6. Challenging the order, the above writ appeal is filed by the private respondents in the writ petition filed by the first respondent. 7. The learned counsel appearing for the appellants submitted that the learned single Judge failed to consider the admitted position that there is no dispute with regard to the performance of pooja or celebration of festival in respect of three other sub-temples and that, the order forbearing the appellants to celebrate the annual festival of all temples is unwarranted. It is further represented that the appellants who are entitled to manage the affairs of the temple in their turn, are now prevented from celebrating the festival. 8. In the course of arguments, the learned counsel appearing for the appellants submitted that the appellants are seeking permission to conduct festival in respect of three sub-temples namely Sri Mutharamman Thirukovil, Sri Mariyamman Thirukovil and Sivananaintha Perumal Thirukovil which are adjacent to the main temple known as Arulmigu Anandhavalli Amman Temple. 9. The learned counsel appearing for the first respondent submitted that there is no objection for the appellants to celebrate the festival in the sub-temples. 10. It is to be noted that the deity of the main temple namely Sri Anandhavalli Amman is considered to be the main deity for all the devotees, who claim to conduct pooja and other rituals namely Keela Veetu Marthanda Nadars Group. For this year, it is agreed by both groups ie., the appellants as well as the first respondent to conduct the festival as scheduled by the appellants. 11. In view of the same, this writ appeal is disposed of with the following directions: (i)The impugned order in W.P(MD)No.17212 of 2022, dated 02.07.2022 is set aside; (ii) As agreed by the appellants as well as the first respondent, the celebration of festival can go on as scheduled by the appellants; (iii) As agreed by the first respondent, the Ursavar of Arulmigu Aanandhavalli Amman may be kept in the main place for worshipping and performing pooja during the festival in the sub-temples. (iv) The 'Kodai Vizha' as proposed or organized by the appellants to perform or other rituals in all the three sub-temples known as Sri Mutharamman Thirukovil and Sri Mariyamman Thirukovil and Sivananaintha Perumal Thirukovil, can be permitted by the official respondents; (v) The Inspector of Police, Uvari or the Officer in-charge of Uvari police station, shall give adequate police protection and bundobust during the festival; and (vi) The third respondent Assistant Commissioner, HR & CE Department, Palayamkottai, Tirunelveli, who has also granted permission, may oversee the affairs so that the temple festival is celebrated in accordance with the directions of this Court in this order without giving any room for any turbulence and law and order issues. No Costs. Consequently, connected miscellaneous petition is closed.