A CHIDAMBARA GURUKKAL Vs. SENGODA GOUNDAN

JUDGEMENT

(1.) This is a petition against the order of the Joint Magistrate of Salem passed under Section 147 of the Criminal Procedure Code directing the petitioner not to perform the Kumbhabhi- shekam ceremony till he establishes his claim in a Civil Court : the case for the petitioner was that he as Guru of the Nathi and Vellala Goundars was the only person who was entitled to perform the (sic) ceremony in the Chinnamman temple, that the counter-petitioners were arranging to have the ceremony performed by another person, contrary to mamul and that a dispute likely to cause a breach of the peace exists. He prayed that the counter-petitioners be prevented from entering the temple and performing the ceremony.

(2.) The Joint Magistrate held that the petitioner did not make out his right and directed him not to perform the ceremony until he established his right in a Civil Court.

(3.) The grounds urged by the petitioner are (1) that the right in dispute is not one falling under Section 147 of Cr. P.C. and that the Magistrate had no jurisdiction to pass the order, (2) that there being no finding that there was any likelihood of a breach of the peace the order is irregular, (3) that the right claimed being one which is not cognizable by a Civil Court, the order directing petitioner to abstain from the exercise of the right till he established his claim in a Civil Court is illegal.