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2026 DAILYLAW 60703 (MAD)

Thangam Thandavan v. The District collector

WP/24861/2026 · 2026-08-13

Krishnan Ramasamy

Transfer Petitionbody2026

Judgment text

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W.P.No.24861 of 2026 __________ Page1 of 15 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13.08.2026 CORAM THE HON'BLE MR.JUSTICE KRISHNAN RAMASAMY W.P.No.24861 of 2026 and W.M.P.No.27130 of 2026 1.Thangam Thandavan, S/o. Thandavan, No.14/137, Korakadu, Vennandur, Rasipuram, Namakkal – 637 505. 2.Rathinavel Ramasamy, S/o. Ramasamy, No.15/131, Nethaji Street, Rasipuram, Namakkal – 637 505. 3.Senthilkumar N S/o. Nallasamy, No.15/130, Nethaji Street, Aasari Kadu, Vennandur, Rasipuram, Namakkal – 637 505. 4.Ramu Muthukumaran, S/o. Muthukumaran, No.1/13, Thangasalai Street, Rasipuram, Vennandur, Namakkal – 637 505. 5.Thangamuthu Palaniyappan, S/o. Palaniyappan, No.15/41, Kommaiyan Kadu, Rasipuram, Vennandur, Namakkal – 637 505. 6.K.Kumar, S/o. V.Krishnan, No.1/8-1, Thangasalai Street, Rasipuram, Vennandur, Namakkal – 637 505. https://www.mhc.tn.gov.in/judis W.P.No.24861 of 2026 __________ Page2 of 15 7.Perumal Marimuthu, S/o. Marimuthu, No.1/3-1, Thangasalai Street, Rasipuram, Namakkal – 637 505. 8.Periyasamy, S/o. Murugesan, No.14/61, Muniyan Settikadu, Rasipuram, Vennandur, Namakkal – 637 505. 9.Govindaraj Manickam, S/o. Manickam, No.14/6, Kaligoundan Kadu, Rasipuram, Vennandur, Namakkal – 637 505. ..Petitioners Vs. 1.The District Collector, Namakkal District, Namakkal. 2.The Revenue Divisional Officer, Namakkal. 3.The Deputy Superintendent of Police, Rasipuram, Namakkal District. 4.The Tahsildar, Rasipuram Taluk, Namakkal District. 5.The Inspector of Police, Vennandur Police Station, Namakkal District. 6.A.S.Mohan, S/o. Sengodan, 4/39, Gandhi Nagar, Vennandur Post, Rasipuram Taluk, Namakkal District. (6th Respondent is impleaded vide Order dated 13.08.2026 in W.M.P.No.34982 of 2026 in W.P.No.24861 of 2026) ...Respondents https://www.mhc.tn.gov.in/judis W.P.No.24861 of 2026 __________ Page3 of 15 This Writ Petition has been filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus to call for the records pertaining to Peace Committee Resolution dated 30.11.2007 on the file of 4th Respondent and quash the same and allow the Petitioners and Vanniyar Community to conduct Aadi Festival and related functions to their temple Arulmigu Sri Selva Vinayagar and Arulmigu Sri Neethikatha Maha Mariamman Thirukovil in the Tamil months of Aadi. (Prayer was amended vide Order dated 05.08.2026 made in W.M.P.No.34002 of 2026 in W.P.No.24861 of 2026) For Petitioners : Mr.S.Pushpakaran For Respondents – 1, 2 & 4 : Mr.B.Pachaiyappan, Government Counsel For Respondents – 3 & 5 : Mr.Durai Gunasekaran, Government Advocate (Crl.Side) For Respondent – 6 : Mr.R.Srinivas, Senior Counsel for Mr.S.Ashokkumar ORDER With the consent of both sides, this Writ Petition is taken up for final disposal. 2. This Writ Petition has been filed by the Petitioners praying to quash the Peace Committee Resolution dated 30.11.2007 on the file of 4th Respondent and allow the Petitioners and Vanniyar Community to conduct Aadi Festival and related functions to their temple Arulmigu Sri Selva Vinayagar and https://www.mhc.tn.gov.in/judis W.P.No.24861 of 2026 __________ Page4 of 15 Arulmigu Sri Neethikatha Maha Mariamman Thirukovil in the tamil month of Aadi. 3. The case of the Petitioners is that they belong to the Vanniyar Community and reside in Vennandur Village, Namakkal District. The majority of the people in the said village belong to the Mudaliar Community. A dispute arose between the people of Vanniyar and Mudaliar Communities concerning worship at the Senguntha Selva Mariamman Temple. Therefore, in the year 2025, the Vanniyar Community people constructed a separate temple viz., “Arulmigu Sri Selva Vinayagar and Arulmigu Sri Neethikatha Maha Mariamman Thirukovil” in S.No.181/1 of Vennandur Village, Rasipuram Taluk, Namakkal District and performed “Noothana Aalaya Vimana Astapanthana Mahakumbabhishegam” function on 06.06.2025. While the Vanniyar Community people had intended to conduct the annual Aadi Festival in the newly constructed temple on 14.08.2025 & 15.08.2025, the Mudaliar Community people caused interference to the Vanniyar Community people. Therefore, the Vanniyar Community people requested the Respondents 1 & 2 to grant permission for conducting the annual Aadi Festival at Arulmigu Sri Selva Vinayagar and Arulmigu Sri Neethikatha Maha Mariamman Thirukovil, but, Respondents 1 & 2 did not consider the Petitioners’ request. While so, one Mr.Ganesan belongs to Vanniyar Community filed a Writ Petition in W.P.No.30200 of 2025 before this Court praying to direct the Respondents 2 to https://www.mhc.tn.gov.in/judis W.P.No.24861 of 2026 __________ Page5 of 15 5 to grant permission for conducting annual Aadi Festival of Arulmigu Sri Selva Vinayagar and Arulmigu Sri Neethikatha Maha Mariamman Thirukovil on 14.08.2025 & 15.08.2025. 4. On 11.08.2025, when the aforesaid Writ Petition was taken up for hearing, the learned Government Advocate appearing for the Respondents submitted that a Peace Committee Meeting was held as early as in the year 2007, in which, it was decided that Vanniyar Community people shall conduct the temple festivals every year in the month of Ipasi and Mudaliar Community people shall conduct the temple festivals in all other remaining months. This Court vide Order dated 11.08.2025, disposed of the said Writ Petition with the following observation: “5. In the considered view of this Court, this Court will never grant any permission where such permission will result in law and order problem. Either the petitioner has to go by the earlier understanding reached between the parties in the year 2007. If the petitioner was aggrieved, he should have challenged the understanding that was reached in the year 2007, which has not been done till now. If according to the petitioner, they have any other right, the petitioner has to necessarily workout their remedy before the competent Court. Except giving this clarity, no further orders can be passed in this writ petition.” 5. After the aforesaid order of this Court, 1st Petitioner filed a petition under Right to Information Act, 2005 requesting to furnish the records of the https://www.mhc.tn.gov.in/judis W.P.No.24861 of 2026 __________ Page6 of 15 Peace Committee Meeting held on 30.11.2007, in response to which, the Public Information Officer sent a Report dated 11.11.2025 to the 1st Petitioner stating that the records of said Peace Committee Meeting are not maintained in their office, which was also confirmed by the Respondents 3 & 4. Now, Petitioners apprehend that Respondents 1 & 2 may obstruct the Petitioners and the Vanniyar Community people from conducting Aadi festival in the newly constructed temple. Hence, Petitioners have filed this Writ Petition for the relief stated supra. 6. The learned counsel for the Petitioners submitted that the Peace Committee Meeting was held on 30.11.2007 in pursuance of the dispute arose between the people of Vanniyar and Mudaliar Communities concerning worship at the village common temple viz., Senguntha Selva Mariamman Temple. Now, the Vanniyar Community people constructed a separate temple viz., “Arulmigu Sri Selva Vinayagar and Arulmigu Sri Neethikatha Maha Mariamman Thirukovil” in S.No.181/1 of Vennandur Village, Rasipuram Taluk, Namakkal District, which is located more than 500 Metres away from the village common temple. Therefore, the resolution of the Peace Committee Meeting held on 30.11.2007 is not applicable to the Arulmigu Sri Selva Vinayagar and Arulmigu Sri Neethikatha Maha Mariamman Thirukovil which has been newly constructed by the Vanniyar Community people. https://www.mhc.tn.gov.in/judis W.P.No.24861 of 2026 __________ Page7 of 15 6.1. It is further submitted by the learned counsel for the Petitioners that the Vanniyar Community people wanted to conduct Aadi Festival at Arulmigu Sri Selva Vinayagar and Arulmigu Sri Neethikatha Maha Mariamman Thirukovil, but, the Mudaliar Community people of Vennandur Village made objection for the same by stating that conducting Aadi Festival by the Vanniyar Community people is contrary to the resolution passed in the Peace Committee Meeting held on 30.11.2007. The Revenue Authorities and the Police Officials are also insisting the Petitioners to act as per the resolution passed in the Peace Committee Meeting dated 30.11.2007. 6.2. The learned counsel for the Petitioners also submitted that the Mudaliar Community people have already started to conduct the Aadi Festival of this year at the Senguntha Selva Mariamman Temple and the said Aadi Festival is going to be ceased on 15.08.2026. Therefore, the learned counsel prayed that the Vanniyar Community people may be allowed to conduct the Aadi Festival at Arulmigu Sri Selva Vinayagar and Arulmigu Sri Neethikatha Maha Mariamman Thirukovil during the 2nd part of the tamil month, Aadi i.e., on 16.08.2026 & 17.08.2026. 7. The learned Government Counsel appearing on behalf of the Respondents 1, 2 & 4 as well as the learned Senior Counsel appearing on behalf https://www.mhc.tn.gov.in/judis W.P.No.24861 of 2026 __________ Page8 of 15 of the 6th Respondent vehemently opposed the above submissions of the learned counsel for the Petitioners by stating that a resolution was passed in the Peace Committee Meeting held on 30.11.2007 and till date, the said resolution has been strictly followed by the Mudaliar Community people. Now, all of a sudden, the Vanniyar Community people intended to change the custom which has been followed by the Mudaliar Community people since 30.11.2007. Therefore, the learned Government Counsel for the Respondents 1, 2 & 4 as well as the learned Senior Counsel for the 6th Respondent prayed for dismissal of this Writ Petition. 8. In the present case, since there was a dispute between the people of Vanniyar and Mudaliar Communities concerning worship at the village common temple viz., “Senguntha Selva Mariamman Temple” located at Vennandur Village, Rasipuram Taluk, Namakkal District, the Vanniyar Community people constructed a new temple viz., “Arulmigu Sri Selva Vinayagar and Arulmigu Sri Neethikatha Maha Mariamman Thirukovil” in the said village which is just around 500 metres away from the Senguntha Selva Mariamman Temple. Now, the Vanniyar Community people intended to conduct Aadi Festival at the temple which has been newly constructed by them. 9. The specific contention of the Petitioners is that the Peace Committee Resolution dated 30.11.2007 is only applicable to the village common temple https://www.mhc.tn.gov.in/judis W.P.No.24861 of 2026 __________ Page9 of 15 viz., Senguntha Selva Mariamman Temple and the same would not be applicable to the Arulmigu Sri Selva Vinayagar and Arulmigu Sri Neethikatha Maha Mariamman Thirukovil which has been newly constructed by the Vanniyar Community people and located more than 500 metres away from the village common temple. Therefore, the Vanniyar Community people may be permitted to conduct Aadi Festival at the temple which has been newly constructed by them. 10. It is to be noted that in the Peace Committee Meeting which was held on 30.11.2007, it was decided that Vanniyar Community people shall conduct the temple festivals every year in the month of Ipasi and Mudaliar Community people shall conduct the temple festivals in the month of Aadi. Thereafter, 2nd Respondent had convened a Peace Committee Meeting on 27.07.2026, for conducting Aadi Festival at Arulmigu Sri Selva Vinayagar and Arulmigu Sri Neethikatha Maha Mariamman Thirukovil newly constructed by the Vanniyar Community people. 11. This Court vide Order dated 11.08.2026, directed the participants of the Peace Meeting Committee held on 27.07.2026 to appear before this Court on 13.08.2026 (today) and file an Undertaking Affidavit. 12. Today, when this Writ Petition was taken up for hearing, the persons https://www.mhc.tn.gov.in/judis W.P.No.24861 of 2026 __________ Page10 of 15 who were all participated in the Peace Committee Meeting held on 27.07.2026 appeared before this Court. The learned counsel for the Petitioners has produced the Common Undertaking Affidavit dated 13.08.2026 duly signed by the participants of the Peace Committee Meeting before this Court, wherein, it has been stated as follows: “5. The Mudaliar community people have already started to conduct Aadi festival and the closing ceremony function will be held on 15.08.2026 for the current year {2016} in the temple, ‘Senguntha Selva Mariamman Temple’. The Vanniyar Community people may be allowed to conduct the Aadi festival for the current year {2026} during the 2nd part of Aadi month commences from 16th of Aadi to till the end of the month. In future every alternate year, the Vanniyar Community people may be allowed to conduct Aadi festival in the 2nd part of Aadi month commencing from 16th date to till the end of the month. 6. We undertake that we and our community people will not interfere in the Aadi festival conducted by the Mudaliar community people in ‘Senguntha Selva Mariamman Temple’ for the present as well as in future and maintain peace. 7. We declare that we will abide by the undertakings as stated above.” 13. It is also to be noted that in this year, the tamil month, Aadi ends on 17.08.2026 and hence, Petitioners and the Vanniyar Community people of Vennandur Village are seeking permission to conduct the Aadi Festival at Arulmigu Sri Selva Vinayagar and Arulmigu Sri Neethikatha Maha Mariamman Thirukovil on 16.08.2026 & 17.08.2026 at least before the end of Aadi month. https://www.mhc.tn.gov.in/judis W.P.No.24861 of 2026 __________ Page11 of 15 14. The Undertaking Affidavit dated 13.08.2026 produced by the learned counsel for the Petitioners is taken on file. 15. The learned Government Counsel appearing for the Respondents 1, 2 & 4 submitted that as far as Senguntha Selva Mariamman Temple is concerned, the Mudaliar Community people would conduct the temple festivals as per the resolution passed in the Peace Committee Meeting held on 30.11.2007. He further submitted that so far as Arulmigu Sri Selva Vinayagar and Arulmigu Sri Neethikatha Maha Mariamman Thirukovil is concerned, as the Mudaliyar Community people would conduct the Aadi Festival during the 2nd part of Aadi month every year at the Senguntha Selva Mariamman Temple, the Vanniyar Community people may conduct the Aadi Festival during the 1st part of Aadi month every year. 16. The above submissions made by the learned Government Counsel appearing for the Respondents 1, 2 & 4 have been fairly conceded by the learned counsel for the Petitioners and the learned Senior Counsel for the 6th Respondent. 17. Considering the above facts and circumstances of the case and having regard to the submissions made by the learned counsel for the Petitioner and the learned Government Counsel for the Respondents 1, 2 & 4 as well as https://www.mhc.tn.gov.in/judis W.P.No.24861 of 2026 __________ Page12 of 15 the learned Senior Counsel for the 6th Respondent, this Court issues the following directions: (i) The Petitioners and the Vanniyar Community people of Vennandur Village are permitted to conduct the Aadi Festival of Arulmigu Sri Selva Vinayagar and Arulmigu Sri Neethikatha Maha Mariamman Thirukovil located at Vennandur Village, Rasipuram Taluk, Namakkal District on 16.08.2026 & 17.08.2026; (ii) The Respondents shall not cause any interference to the Aadi Festival which is going to be conducted by the Vanniyar Community people of Vennandur Village on 16.08.2026 & 17.08.2026 at Arulmigu Sri Selva Vinayagar and Arulmigu Sri Neethikatha Maha Mariamman Thirukovil; (iii) As far as Senguntha Selva Mariamman Temple is concerned, the people of Vanniyar and Mudaliar Communities shall conduct the temple festivals as per the decision taken in the Peace Committee Meeting held on 30.11.2007; (iv) So far as Arulmigu Sri Selva Vinayagar and Arulmigu Sri Neethikatha Maha Mariamman Thirukovil which was constructed by the Vanniyar Community people of Vennandur Village is concerned, from the year 2027 onwards, the Vanniyar Community people shall conduct the Aadi Festival during the 1st part of Aadi month i.e., first 16 days of Aadi month and the Mudaliyar Community people shall conduct the Aadi Festival during the 2nd part of Aadi month i.e., next 16 days of Aadi month; https://www.mhc.tn.gov.in/judis W.P.No.24861 of 2026 __________ Page13 of 15 (v) It is open to the Respondents 1, 2, 4 & 9 to request the 5th Respondent Police for providing police protection during the Aadi Festival which is scheduled to be conducted on 16.08.2026 & 17.08.2026 at Arulmigu Sri Selva Vinayagar and Arulmigu Sri Neethikatha Maha Mariamman Thirukovil, Vennandur Village, Rasipuram Taluk, Namakkal District, if the same is required; (vi) If any such request is made by the Respondents 1 & 2, 5th Respondent Police shall provide adequate police protection during the aforesaid festival. In future, if any such request for police protection is made for conducting the festivals by any section of the people or by the Respondents 1, 2, 4 & 9, 5th Respondent shall provide police protection accordingly. 18. This Writ Petition is disposed of with the above directions. No costs. Consequently, connected Miscellaneous Petition is closed. 13.08.2026 mrr Index: Yes/No Speaking Order (or) Non-Speaking Order Note to Registry: Issue Order Copy on 14.08.2026 https://www.mhc.tn.gov.in/judis W.P.No.24861 of 2026 __________ Page14 of 15 To 1.The District Collector, Namakkal District, Namakkal. 2.The Revenue Divisional Officer, Namakkal. 3.The Deputy Superintendent of Police, Rasipuram, Namakkal District. 4.The Tahsildar, Rasipuram Taluk, Namakkal District. 5.The Inspector of Police, Vennandur Police Station, Namakkal District. https://www.mhc.tn.gov.in/judis W.P.No.24861 of 2026 __________ Page15 of 15 KRISHNAN RAMASAMY, J. mrr W.P.No.24861 of 2026 13.08.2026 https://www.mhc.tn.gov.in/judis