ARULMIGU SOLESWARAR SWAMY ALAGARAYAPERUMAL, SELLANDIAMMAN TEMPLES Vs. COMMISSIONER, HINDU RELIGIOUS & CHARITABLE ENDOWMENT, ADMINISTRATION DEPARTMENT

JUDGEMENT

(1.) This writ petition has been filed seeking for direction to the respondents herein to grant Police Protection to the petitioner to conduct the car festival for the period from 11/2/2019 to 19/2/2019 at Arulmigu Soleswarar Swamy Alagarayaperumal, Sellandiamman Temples, Thiruchengode Taluk, Namakkal District pursuant to the orders dtd. 28/12/2018 of the 4th respondent herein in letter No. 3203/2018/C and to give permanent protection to the car and for festivals.

(2.) Mr. ARL. Sundaresan, learned Senior Counsel appearing for the petitioner would submitted that the petitioner is the Vice President and Trustee of the petitioner temple and his temple is a denominated temple exclusively for the particular community. Therefore, the petitioner approached the Deputy Commissioner, HR and CE Administrative Department, Coimbatore to frame a Scheme under Sec. 64 to clarify the nature of Temple and an application was made in the year 1983. The Deputy Commissioner, HR and CE Administrative Department, Coimbatore passed an order dtd. 2/4/1983, as per the scheme identified the persons belonging to the religious denomination for deity installed and family deity of the particular tribe and persons from other community cannot lay a claim or right over the said temple. While so, the 4th respondent without any reasons passed order directing that all the function scheduled to be held from 22/6/2012. In the year 1991, one Sekar made objection directing the 3rd respondent using their communal influence over the 3rd respondent who happened to be from the same community, and he raised objections claiming Administrative right by the public in the temple with the mala fide intention, the 3rd respondent directed 4th respondent to conduct the peace community meeting. The 1st respondent/Deputy Commissioner of HR and CE Department, along with said Sekar a peace community meeting was conducted on 18/7/2012. In the peace community meeting, the petitioner's community informed that the temple should be administrated by the persons, who denomination was intended excluding the right of other persons. The 4th respondent passed an order directing all the function schedule to be held on 22/6/2012 should be restrained enabling the opposite party to appeal against the scheme settled in favour of the petitioner. As against the said order, the petitioner herein filed W.P. No. 15877 of 2012 before this Court and the same was allowed by setting aside the order of the 4th respondent. On such circumstances, in respect of conduct of Car festival, a peace committee meeting was called on 21/12/2018 and both 'A' and 'B' parties were present. The 4th respondent passed an order and directed the petitioner to conduct Car festival in the month of Masi in 2019 and from 2020, the same can be conducted in the Tamil month of Masi and Aani, subject to the result of the writ petitions pending and a temporary permission was also granted to conduct th car festival and the police was also directed to take action on the public, who are interfering with the car festival and the public peace. Subsequent to that One Kandasamy filed a writ petition in W. No. 1957 of 2019 without any loco standi against the said order in which this Court directed the respondent to file counter and till such time the 3rd respondent shall not pass any order in the representations submitted by the said Kandasamy. Thereafter, the petitioner submitted another representation dated on 5/2/2019 requesting the respondent to provide police protection as directed by the 4th respondent. The representation is still pending and they did not take any action to provide police protection. Therefore, he sought for direction of this Court for the same.

(3.) The learned counsel for the said Kandasamy vehemently objected and submitted that as per the 4th respondent, the car festival would be conducted in the month of "Aani" and that from 11/1/2019 to 19/2/2019 was not at all permitted.