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2023 DIGILAW 1740 (MAD)

Athisamy v. District Collector, Villupuram

2023-04-20

G.CHANDRASEKHARAN

body2023
JUDGMENT (Prayer: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus, directing the 1st & 2nd respondents to take action for enabling villagers belonging to all communities including people belonging to all communities, including people belonging to Yadava community to take part in all the festivals, functions and rituals of all the village temple viz., Athiamman, Mariamman, Pillayar, Gangai Amman, Saneeswaran and Murugan temples of Melathipakkam Village, Gingee Taluk, Villupuram District.) 1. The Writ Petition has been filed to direct the 1st & 2nd respondents to take action for enabling villagers belonging to all communities, including people belonging to Yadava community to take part in all the festivals, functions and rituals of all the village temple viz., Athiamman, Mariamman, Pillayar, Gangai Amman, Saneeswaran and Murugan temples of Melathipakkam Village, Gingee Taluk, Villupuram District. 2. The learned counsel for the petitioner submitted that, petitioner belongs to Yadava Community. There are village Temples namely Athiamman, Mariamman, Pillayar, Ganga Amman, Saneeswaran and Murugan Temple in Melathipakkam Village at Villupuram District. Till two years ago, all the community people worshipped in the these Temples. 3rd respondent is the Hereditary Trustee for Athiamman, Mariamman, Pillayar, Gangai Amman, Saneeswaran Temple and the 4th respondent is in charge of the Murugan Temple. Lord Krishna is the petitioner''s ''''Kula Deivam''''. In the year 2015, Maha Kumbhabhishekam was performed. When the petitioner tried to put up a sheet roof in front of Sri Venugopala Swamy Temple, there was some distrust and hatred with other communities. Thereafter, petitioner and his community people are not permitted to participate in any of the Temple Festivals, necessitating the filing of this petition. 3. The learned Government Advocate (Crl. Side) submitted that, there are two communities and between them there is misunderstanding between them with regard to celebration of Temple Festival. Thereafter, on 05.05.2022, the matter was referred to Tahsildar and it is pending enquiry. 4. The learned counsel for the 4th respondent submitted that, certain allegations were made against 4th respondent, however, 4th respondent is not preventing anybody from participating in the Temple Festival 5. Notice was ordered to the 3rd respondent. Service is not completed. However, petitioner filed affidavit of service to show that notice taken was returned “unserved” 6. Considered the rival submissions and perused the records. Notice was ordered to the 3rd respondent. Service is not completed. However, petitioner filed affidavit of service to show that notice taken was returned “unserved” 6. Considered the rival submissions and perused the records. It is seen from the submission of the learned counsel appearing for the parties that, temples have been constructed in public land. The learned counsel for the petitioner produced the photographs to show that, public had contributed for the construction of Sri Sakthivel Murugan temple. If it is a public Temple, it is no doubt that, every person in the village has right to participate in the Temple Festival. When the matter is pending before the Tahsildar with regard to rival claim celebrating the temple festival, this Court is of the view that, suitable direction shall be given to Tahsildar, Villupuram to conduct enguiry immediately and and dispose the pending enquiry, taking into consideration to the interest of the Public and other issue including law and order issues. If it deems fit, necessary police protection may be arranged. 7. With the above directions, this Writ Petition is disposed of. Consequently, connected miscellaneous petition is closed.