P NATARAJAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) Secretary of the Managing Committee, Arultharum Alikkal Ami Sivan Temple, situated at Kunnam Village, (Sivapuram), Iyankamam, Kaliyakkavilai, Kanyakumari District, has filed the present writ petition, for a certiorarified mandamus to quash the resolution No. 167, dated 29.2.2008, passed by the President, Methukummal First Grade Panchayat, Munchirai Panchayat Union, Methukummal Post, Kanyakumari District, the third respondent herein and consequently, prayed for a direction to the respondents 1 to 3, to remove an arch put up by St Mary's Matriculation Higher Secondary School, Vandankanavilai Junction (Mariagiri), Kaliyakkavilai Post, Kanyakumari District, the fourth respondent herein. According to the petitioner, his father had constructed, "Arultharum Alikkal Athi Sivan Temple" and it is maintained by the temple committee. Lord Siva is the God, worshiped by the village people. The petitioner has further submitted that during "Margazhi festival", conducted in the first and second week of January, every year, the temple authorities would approach the third respondent, Panchayat, for permission to put up a temporary arch to welcome the worshipers of the deity, at Mariagiri - Vandankanavilai Junction. Accordingly, Permission would be accorded. The said practice has been followed for many years.

(2.) While that be so, the fourth respondent school, hurriedly put up a concrete pillar and erected an arch, at Mariagiri-Vandankanavilai Junction, in the first week of January, 2008. According to the petitioner, as the construction made by the fourth respondent has been done with a mala fide intention to defeat the customary right of the Hindus, in putting up a welcome Board or temporary arch, at the same place, a request was made to the respondents 1 and 3 to remove the arch. In response to the representation, the construction was removed by the respondents.

(3.) The petitioner has further submitted that when the first respondent was discharging his duties on 29.3.2008, the Correspondent of the fourth respondent school and Others, interfered with the discharge of their official duties and hence, on the basis of the complaint lodged by the Sub Inspector of Police, Kaliyakkavilai Police Station, a case in Crime No. 164 of 2008 under Sections 147, 148, 341, 332, 353, 294(b) & 506(i) IPC was registered, on the file of Kaliyakkavilai Police Station.