M KARUPPIAH Vs. REVENUE DIVISIONAL OFFICER; TAHSILDAR; A/M KAILASANADAR NIDYA KALYANI DEVASTHANAM, SRI MUTHUMARIAMMAN KOIL, KEERANIPATTY AND S RAMIAH PILLAI

JUDGEMENT

(1.) The Petitioner who is a resident of Kiranipatty village, Kurvikondanpatty, Pudukkottai District, has filed the writ petition, seeking for a direction to forbear the first and second Respondents from in any way affecting the customary practice of conducting festival by the Petitioner and his community men in the third Respondent temple and further compelling the Petitioner to accept the donations from the fourth Respondents for the conducting of Pongal festival in the third Respondent temple.

(2.) The writ petition was admitted on 12.2.2010. Pending the writ petition, an interim injunction was granted for a period of four weeks. Subsequently, on 31.3.2010, this Court directed that since festival is to schedule on 4.4.2010, the fourth Respondent and his men can very well participate in the Pongal festival and the Petitioner will not prevent the fourth Respondent from participating in the temple festival. With reference to the contribution, it is open to the Petitioner to make contribution in the Hundial.

(3.) It is the case of the Petitioner that in the previous year, the fourth Respondent had filed W.P.(MD) No. 2043 of 2009 which was taken by the division bench. In the prayer, he sought for a direction to implement the decision of the Peace Committee meeting held by the Revenue Divisional Officer, Sivaganga, dated 1.12.2008 and for a subsequent direction to the writ Petitioner not to lift the deity or clime in the Chariot in the festival by excommunicating other caste people in the Arul Migu Muthu Mariamman Thirukoil, Keeranipatti village. That writ petition was disposed of by a final order dated 13.4.2009 stating that both sides had agreed that all parties are entitled to enter the temple to worship the deity without any discrimination. They are also entitled to participate in the Car festival. But with reference to the right of taking the deity to the Chariot, it was found that such right could be adjudicated only under Section 63(C) of the Tamil Nadu H.R.&C.E. Act. But, however, a petition, dated 28.10.2009 was given by the fourth Respondent that except for those Karumaravar community, the other community people are being excluded in the Pongal festival. The R.D.O., Devakottai, the first Respondent, by a notice, dated 13.11.2009 directed the parties to appear for an enquiry. It is challenging the said notice, the Petitioner has come forward with the present prayer.