LAWS(MAD)-2024-3-524

M. SAKTHIVEL Vs. SUPERINTENDENT OF POLICE, MADURAI

Decided On March 06, 2024
M. SAKTHIVEL Appellant
V/S
SUPERINTENDENT OF POLICE, MADURAI Respondents

JUDGEMENT

(1.) The learned Counsel for the Petitioner submitted that the Petitioner had filed this petition for issuance of Writ of Mandamus, seeking direction against the Respondent Police to provide adequate Police protection to the festival of Sri Mahasivarathir Festival to be held at Sri Periandavar Swami Temple, Nalliveeranpatti Hamlet of Seemanoothu Revenue Village, Usilampatti Taluk, Madurai District on 8/3/2024 and 9/3/2024, based on Petitioner's representation, dtd. 27/2/2024.

(2.) The learned Counsel appearing for the Intervenor submitted that he had filed an impleading petition in W.M.P.(MD).No.5241 of 2024. The same is allowed vide order dtd. 6/3/2024 and the Intervenor is impleaded as 6th Respondent.

(3.) As per the submission of the learned Counsel for the impleaded sixth Respondent, the Petitioner himself claims to be a "Periya Thevar" of the said Temple. Only the said "Periya Thevar" will distribute Holy ash (vibhuti) to the devotees as commencement of Sri Mahasivarathiri Festival, which is objected by the learned Counsel for the impleaded sixth Respondent stating that the sixth Respondent also has a right in the said Temple. The said Temple has 3 branches of hereditary trustee. During festival time, one of them is selected as "Periya Thevar" for commencement of the Temple festival and the selected "Periya Thevar" will distribute Holy ash (vibhuti) to all the devotees as symbolic customary of the tradition for commencement of the Temple festival. This tradition is followed for more than 200 years. For the past 15 years, since there was dispute between the 3 branches of the hereditary trustee, the Temple was closed without organizing the festival even on important occasions. In the last year, all the 3 branches agreed that instead of "Periya Thevar", the Priest himself can distribute Holy ash (vibhuti) to the devotees, as the customary and tradition for the commencement of the Sri Mahasivarathiri Festival.