W.P.No.19274 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 24.03.2025 CORAM: THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.19274 of 2024 and WMP.Nos.21140 & 21141 of 2024 K.Kesavan ...Petitioner vs. 1. The Taluk Executive Magistrate- cum Thasildar, Taluk Office, Sathyamangalam, Erode District. 2. N.Sivasakthivel 3.A.Ganesan 4.R.veeramani 5.S.R.Ramakrishnan 6.A.M.Karthikeyan ...Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the entire records of the impugned order of the 1st respondent dated 28.06.2024 in Proceedings No.Pa.Mu.7700/2019/A3 and to quash the same and consequently direct the 1st respondent to secure the police protection from the Inspector of Police, Sathyamangalam Police Station, https://www.mhc.tn.gov.in/judis W.P.No.19274 of 2024 Erode District and to take stringent actions against the private respondents 2 to 6 and their agents, representatives or any other persons claiming through them interferring with the performance of the Maha Kumbabisheka Festival and installation of 5 Idols in the Newly Renovated Existing Arulmigu Sri Varasidhi Vinayagar Thirukovil, situated at T.S.Nos.25 & 30 in Sathyamangalam Village, Erode District scheduled to be held on 09.07.2024 to 12.07.2024 by considering the representation made by Executive President of Temple dated 14.05.2024. For Petitioner : Ms.S.P.Arthi for M/s.M.Vijaya Ragavan For R1 : Mr.A.Gopinath Govt.Advocate (Crl.side) For R4 to R6 : Mr.S.Parthasarathy ORDER This Writ Petition has been filed challenging the impugned order of the 1st respondent dated 28.06.2024 and to quash the same and consequential direction to the 1st respondent to secure the police protection from the Inspector of Police, Sathyamangalam Police Station, Erode District and to take stringent actions agaisnt the private respondents 2 to 6 and their agents, representatives or any other persons https://www.mhc.tn.gov.in/judis W.P.No.19274 of 2024 claiming through them interferring with the performance of the Maha Kumbabisheka Festival and installation of 5 Idols in the Newly Renovated Existing Arulmigu Sri Varasidhi Vinayagar Thirukovil, situated at T.S.Nos.25 & 30 in Sathyamangalam Village, Erode District scheduled to be held on 09.07.2024 to 12.07.2024 by considering the representation made by Executive President of Temple dated 14.05.2024. 2. It is the dispute between the petitioner and the respondents 3 to 6 herein in respect of Arulmigu Sri Varasidhi Vinayagar Thirukovil situated at T.S.Nos.25 & 30 of Sathyamangalam Village, Erode District. The petitioner and Chinnasamy, who is the President of the existing Committee of the temple are planning on installing the Idols in the newly renovated/constructed mandap situated inside. Therefore, the respondents filed police complaint before the jurisdiction police station and the same was forwarded to the first respondent for conducting Peace Committee Meeting. Accordingly, on 13.05.2024, the first respondent conducted Peace committee Meeting, in which, only one party attended the meeting and another party did not attend the meeting namely, the petitioner herein. During the peace committee Meeting, the respondents 2 to 5 produced the Judgment in O.S.No.11 of 2022 on the file of the District https://www.mhc.tn.gov.in/judis W.P.No.19274 of 2024 Munsif Court, Sathyamangalam, thereby restraining from interfering with the renovation of the said temple. Therefore, the mandapam of the temple has to be used only as Mandapam and not to install any idol . It would cause inconvenience to the General Public for using the said Mandapam and no other idol should be installed in the Mandapam and there is no impediment to perform Kumbabishekam for the renovated Vinayagar Temple and this order is also subject to the result of the suit in O.S.No.61 of 2024 and A.S.No.2 of 2025 and O.S.No.61 of 2024 on the file of the District Munsif Court, Sathyamangalam. 3. The learned counsel for the petitioner submitted that the first respondent has no jurisdictional authority to pronounce the said order and the civil suit is pending for the very same issue. In fact, the petitioner was called for enquiry before the Peace Committee Meeting and when the petitioner did not appear before the said committee, the first respondent should not have passed any order. 4. The learned counsel for the respondents 4 to 6 herein https://www.mhc.tn.gov.in/judis W.P.No.19274 of 2024 submitted that as per the Judgment and decree passed in O.S.No.11 of 2022 on the file of District Munsif Court, Sathyamangalam for permanent injunction restraining the respondents 2 to 6 and the temple authorities from demolishing the old building on the pretext of renovation and renovation. But in contradiction to the said Judgment and decree they attempted to demolish the temple. Therefore, on the complaint given by the first respondent enquiry was conducted and order was passed. In fact the petitioner and one Chinnasamy also filed the suit in O.S.No.61 of 2024 on the file of the District Munsif Court, Sathyamangalam for injunction restraining the petitioner and the said Chinnasamy from installing the above said idols and not to restrain the general public from using the said temple services. Therefore, the first respondent has no jurisdictional authority to pass any orders when the original suit is pending. 5. In view of the above, the order passed by the first respondent is set aside. The petitioner and the respondents are at liberty to approach the civil court for appropriate relief. Meanwhile, if there is https://www.mhc.tn.gov.in/judis W.P.No.19274 of 2024 G.K.ILANTHIRAIYAN, J. kkd any law and order problem between the petitioner and the respondents 2 to 6 herein, the jurisdiction police has to take appropriate action as against them in accordance with law. 6. Accordingly, this writ petition stands allowed. No costs. Consequently, connected miscellaneous petitions are closed. 24.03.2025 Internet: Yes Index : Yes/No Speaking/Non Speaking order kkd To The Taluk Executive Magistrate- cum Thasildar, Taluk Oiffice, Sathyamangalam, Erode District. W.P.No.19274 of 2024 https://www.mhc.tn.gov.in/judis