SAMIDURAI Vs. REVENUE DIVISIONAL OFFICER, TENKASI

JUDGEMENT

(1.) The petitioner is a resident of Nelkattumseval Village and he has filed this writ petition for a Mandamus, directing the respondents 1 to 5 to grant permission for the celebration of Mahashivarathiri Festival on 8/3/2024 and 9/3/2024 in Ullamudaiyar Sastha Temple, situated at Nelkattum Seval Village, Sivagiri Taluk, Tenkasi District, without claiming any first honour by the sixth respondent herein, by considering his representation dtd. 31/1/2024.

(2.) The grievance of the petitioner is that during Mahashivarathiri festival, a holy box which is in the palace of the sixth respondent is taken on procession to the Arulmighu Ullamudaiyar Sastha Temple and at that time, the sixth respondent is expecting first honour, which is not acceptable by the petitioner and other villagers. Therefore, they insisted the respondents not to provide any first honour to the sixth respondent and to avoid the practice of procession with the holy box, by way of a representation, dtd. 31/1/2024. The respondent has not passed any orders on the petitioner's representation. Therefore, the petitioner has filed this writ petition.

(3.) Mr.R.J.Karthick, learned counsel appearing for the petitioner by relying upon the order passed by this Court in WP(MD) No.18732 of 2023, dtd. 28/7/2023 and the Judgment of the Division Bench of this Court in W.A(MD)No.807 of 2016, dtd. 29/6/2016 submits that the above orders have been passed with regard to the subject temple of this writ petition in an earlier occasion, wherein, this Court has held that there cannot be any first honour in the temple festival. The learned counsel further submits that during the Mahashivarathiri festival, if the sixth respondent is permitted for the procession with the holy box, there will be possibility of law and order problem and commission of any offence. Therefore, he prays this Court that a suitable direction may be issued to the respondents.