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2025 DAILYLAW 141309 (MAD)

A.Rajaji v. The District Collector

WP Crl.(MD)/6/2025 · 2025-06-04

B Pugalendhi

Transfer Petitionbody2025

Judgment text

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W.P(MD)Nos.14177 & 14233 of 2025 and WP.Crl(MD) No.6 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.06.2025 CORAM: THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)Nos.14177 & 14233 of 2025 and WMP(MD) No.10461 of 2025 and WP Crl.(MD)No.6 of 2025 WP(MD) No.14177 of 2025 N.Tatasingh Petitioner Vs 1.The District Collector, Tenkasi District, Tenkasi. 2.The Revenue Divisional Officer, Tenkasi District, Tenkasi. 3.The Tahsildar, Kadayanallur, Tenkasi District. 4.The Superintendent of Police, Tenkasi District, Tenkasi. 1/14 https://www.mhc.tn.gov.in/judis W.P(MD)Nos.14177 & 14233 of 2025 and WP.Crl(MD) No.6 of 2025 5.The Inspector of Police, Kadayanallur Police Station, Tenkasi District. 6.Balasankar 7.M.Veerapandi Vinayagar 8.The Assistant Commissioner, HR & CE Department, Tenkasi. 9.The Joint Commissioner, HR & CE Department, Tirunelveli. Respondents (R8 & R9 are suo motu impleaded vide Court order, dated 14.05.2025 in WP(MD) No.14177 & 14233 of 2025, by KRSJ) WP(MD) No.14233 of 2025:- N.Balasankar Petitioner Vs 1.The District Collector, District Collector Office, Tenkasi. 2.The Tahsildar, Taluk Office, Kadayanallur, Tenkasi District. 2/14 https://www.mhc.tn.gov.in/judis W.P(MD)Nos.14177 & 14233 of 2025 and WP.Crl(MD) No.6 of 2025 3.The Superintendent of Police, District Police Office, Tenkasi District. 4.The Inspector of Police, Kadayanallur Police Station, Kadayanallur, Tenkasi District. 5.A.Rajaji 6.N.Arunachalam 7.N.Tata Singh 8.The Assistant Commissioner, HR & CE Department, Tenkasi. 9.The Joint Commissioner, HR & CE Department, Tirunelveli. Respondents (R8 & R9 are suo motu impleaded vide Court order, dated 14.05.2025 in WP(MD) No.14177 & 14233 of 2025 by KRSJ) WP.Crl.(MD) No.6 of 2025:- A.Rajaji Petitioner Vs 1.The District Collector, Tenkasi District, Tenkasi. 2.The Revenue Divisional Officer, Tenkasi District, Tenkasi. 3/14 https://www.mhc.tn.gov.in/judis W.P(MD)Nos.14177 & 14233 of 2025 and WP.Crl(MD) No.6 of 2025 3.The Tahsildar, Kadayanallur, Tenkasi District. 4.The Superintendent of Police, Tenkasi District, Tenkasi. 5.The Inspector of Police, Kadayanallur Police Station, Tenkasi District. 6.Balasankar 7.M.Veerapandi Vinayagar Respondents PRAYER in WP(MD) No.14177 of 2025 :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the fifth respondent to give adequate police protection to conduct temple festival in Arulmigu Veerasangili Madasamy temple on 16.05.2025, situated in Achampatti, Kadayanallur Taluk, Tenkasi District, on the basis of the petitioner's representation, dated 10.05.2025. PRAYER in WP(MD) No.14233 of 2025 :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the third and fourth respondents restraining the fifth and seventh respondents from conducting 4/14 https://www.mhc.tn.gov.in/judis W.P(MD)Nos.14177 & 14233 of 2025 and WP.Crl(MD) No.6 of 2025 Achampatti Arulmigu Sri Veerasangili Madasamy Sangili Madathiamman Thirukovil Kodaivizha Festival on 16.05.2025 against the order passed by this Court in WP(MD) No.11431 of 2025, dated 24.04.2025 and on the representation of the petitioner, dated 12.05.2025. PRAYER in WP.Crl.(MD) No.6 of 2025 :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the fifth respondent to grant adequate police protection and permission to conduct temple festival of ''kumbabisegam'', which is scheduled from 04.06.2025 to 06.06.2025 and temple ''Kodai Vizha'' (42nd day Mandala pooja) from each of our both vagayaras in Arulmigu Veerasangili Madasamy Temple, situated in Achampatti, Kadayanallur Taluk, Tenkasi District, on the basis of the petitioner's representation, dated 26.05.2025. For Petitioner : Mr.M.Sankar For R1 to R3, R8 & R9 : Mr.F.Deepak Special Government Pleader For R4 & R5 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor For R6 & R7 : Mr.S.Radha Krishnan (in WP(MD) No.14177 of 2025) 5/14 https://www.mhc.tn.gov.in/judis W.P(MD)Nos.14177 & 14233 of 2025 and WP.Crl(MD) No.6 of 2025 For Petitioner : Mr.S.Radha Krishnan For R1, R2, R8 & R9 : Mr.F.Deepak Special Government Pleader For R3 & R4 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor For R5 & R6 : Mr.M.Sankar (in WP(MD) No.14233 of 2025) For Petitioner : Mr.M.Sankar For R1 to R3 : Mr.F.Deepak Special Government Pleader For R4 & R5 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor For R6 & R7 : Mr.S.Radhakrishnan C O M M O N O R D E R All these writ petitions are pertaining to the Kumbabisegam proposed to be conducted in Arulmigu Sri Veerasagili Madasamy Temple, situated in Achampatti, Kadayanallur Taluk, Tenkasi District on 04.06.2025 and 06.06.2025. The above temple is a private temple belonging to two groups, namely, ''Kara Veetu Vagaiyara'' and ''Sankaralingam Naicker Vagaiyara''. It appears that ''Sankaralingam Naicker Vagaiyara'' have intended to sacrifice 6/14 https://www.mhc.tn.gov.in/judis W.P(MD)Nos.14177 & 14233 of 2025 and WP.Crl(MD) No.6 of 2025 pig and therefore, a dispute arose and it went upto Peace Committee Meeting, wherein, a resolution has been passed that the festival, if any has to be conducted without any sacrifice of pig. While so, one Balasankar and Veerapandi, who are belonging to Karaveettu Vagaiyara have filed a writ petition in WP(MD) No.11431 of 2025, seeking a Mandamus, directing the official respondents to permit them to worship Arulmigu Sri Veerasagili Madasamy Temple and to conduct Kumbabisegam on 06.06.2025 and also Kodai vizha on 17.07.2025. One Rajaji, Ramar, Arunachalam, Arasappalingam and Tata Singh (petitioner in WP(MD) No.14177 of 2025) were added as parties in that writ petition. Considering the nature of relief sought for in that writ petition, this Court, by its order, dated 24.04.2025 has disposed of that writ petition as under:- ''6. According to the petitioners, they want to conduct the 'Kumbabisegam' and 'Kodaivizha Festival' of the Temple, namely, “Arulmigu Sri Veerasangili Madasamy Thirukkovil” on 06.06.2025 and 17.07.2025. while so, the private respondents group have restrained the petitioners from conducting 'Kumbabisegam' and 'Kodaivizha Festival' on the 7/14 https://www.mhc.tn.gov.in/judis W.P(MD)Nos.14177 & 14233 of 2025 and WP.Crl(MD) No.6 of 2025 ground that it is an usual practice to sacrifice pig. But without sacrificing the pig, now the petitioners want to conduct the Festival. In this context, already a Peace Committee Meeting was conducted by the revenue authorities in the presence of both the parties and resolution was passed in the year 2018 as without sacrificing the pig, the Festival as to be conducted. Therefore, based on the said order, now the petitioners want to conduct the Festival and to that effect, they have also approached the 4th respondent for police protection and the same was closed. Since the police protection is to conduct the Festival, the petitioners do not want to sacrifice the pig and without sacrificing the pig, they want to conduct the Festival, it is for them to decide how the Festival has to be conducted. If the opposite party want to conduct the Festival with sacrificing the pig, it is for them to conduct the Festival by sacrificing the pig. If both the parties are not agreeing for conduct the Festival together, this Court can not compel them to conduct the Festival in a particular manner. This petition is only to grant police protection, therefore, it is appropriate to direct the 4th respondent to grant police protection for the Temple Festival only for worship of the god by the public. If anybody indulged in the criminal activities, the 4th respondent is at liberty to take appropriate action in accordance with law.'' 8/14 https://www.mhc.tn.gov.in/judis W.P(MD)Nos.14177 & 14233 of 2025 and WP.Crl(MD) No.6 of 2025 2.One Balasankar has filed WP(MD) No.14233 of 2025, seeking a Mandamus, directing the Superintendent of Police, Tenkasi District and the Inspector of Police, Kadayanallur Police Station, restraining the respondents 5 to 7 of Sankaralingam Naicker Vagaiyara from conducting any festival on 16.05.2025, as against the order passed by this Court in WP(MD) No.11341 of 2025. The seventh respondent in WP(MD) No.14233 of 2025, Tata Singh has filed WP(MD) No.14177 of 2025, seeking a Mandamus to provide adequate police protection to conduct temple festival in Arulmigu Veerasangili Madasamy Temple on 16.05.2025. Yet another person belonging to Sankaralingam Naicker Vagaiyara has filed WP.Crl.(MD) No.6 of 2025, seeking a Mandamus, to permit him to conduct the temple festival of Kumbabisegam jointly along with other Vagaiyara, namely, Karaveettu vagaiyara. 3.Heard the learned counsel on either side. 9/14 https://www.mhc.tn.gov.in/judis W.P(MD)Nos.14177 & 14233 of 2025 and WP.Crl(MD) No.6 of 2025 4.The dispute between both the Sankaralingam Naicker Vagaiyara and Karaveettu vagaiyara is with regard to the sacrifice of pig in the temple festival. Now the learned counsel appearing for both the Vagaiyaras, on instructions, have undertook before this Court that they would not perform any pig sacrifice during the Kumbabisegam, which is scheduled from 04.06.2025 to 06.06.2025 and Kodai festival, scheduled on 17.07.2025. However, the learned counsel for the Sankaralingam Naicker Vagaiyara insisted that the Karaveettu vagaiyara has to conduct the Kodai festival, by giving some due representation to Sankaralingam Naicker Vagaiyara, for which, the learned counsel for Karaveettu vagaiyara is not having any objection. 5.Considering the amicable arrangements made between both the parties in conducting the Kumbabisegam and Kodai festival of Arulmigu Sri Veerasagili Madasamy Temple, Achampatti, these writ petitions are disposed of in the following terms:- 10/14 https://www.mhc.tn.gov.in/judis W.P(MD)Nos.14177 & 14233 of 2025 and WP.Crl(MD) No.6 of 2025 i. Karaveettu vagaiyara shall conduct Kumbabisegam from 04.06.2025 to 06.06.2025, by giving adequate representation to the Sankaralingam Naicker Vagaiyara. ii. There shall not be any sacrifice of pig during the Kumbabisegam as well as during the Kodai festival. iii.Kodai festival shall also be conducted jointly by both the vagaiyaras, as scheduled. iv. Since an amicable arrangement has been made between both the vagaiyaras in conducting the temple festivals jointly, this Court is of the view that there is no necessity for police protection. In the event, if they need police protection, the same shall be provided by the respondent police on payment of cost of Rs.10,000/-. 11/14 https://www.mhc.tn.gov.in/judis W.P(MD)Nos.14177 & 14233 of 2025 and WP.Crl(MD) No.6 of 2025 v. The respective vagaiyaras shall ensure that no untoward incidents takes place in the village during the temple festivals. There shall be no order as to the costs. 04.06.2025 NCC:Yes/No Index:Yes/No Internet:Yes vrn Note: Issue order copy on 05.06.2025. 12/14 https://www.mhc.tn.gov.in/judis W.P(MD)Nos.14177 & 14233 of 2025 and WP.Crl(MD) No.6 of 2025 To 1.The District Collector, Tenkasi District, Tenkasi. 2.The Revenue Divisional Officer, Tenkasi District, Tenkasi. 3.The Tahsildar, Kadayanallur, Tenkasi District. 4.The Superintendent of Police, Tenkasi District, Tenkasi. 5.The Inspector of Police, Kadayanallur Police Station, Tenkasi District. 6.The Assistant Commissioner, HR & CE Department, Tenkasi. 7.The Joint Commissioner, HR & CE Department, Tirunelveli. 13/14 https://www.mhc.tn.gov.in/judis W.P(MD)Nos.14177 & 14233 of 2025 and WP.Crl(MD) No.6 of 2025 B.PUGALENDHI, J. vrn Common Order made in W.P(MD)Nos.14177 & 14233 of 2025 and WMP(MD) No.10461 of 2025 and WP Crl.(MD)No.6 of 2025 04.06.2025 14/14 https://www.mhc.tn.gov.in/judis