Bommanisamuthiram Village People Cum And Others vs District Collector And Others

Pushpa Sathyanarayana, J

The Writ petitioners are the residents of Bommanisamuthiram Village, Srirangam Taluk, Tiruchirapalli District and also 'Pattayatharargal' of the "Arul Mighu Visalakhsmi Ambika Udanurai Kasi Viswanatha Swamy Temple" situated in their village. The dispute revolved around is with regard to the Kumbabishekam of the said temple. It is stated in the affidavit of the villagers that they have decided and agreed to celebrate Maha Kumbabishekam in the month of November 2019 and also stated that some other programmes are also fixed. Accordingly, the festival was commenced on 15.11.2019 with "Muhurthangal" and "Ganapathy Homam". On 16.11.2019, "Yagna" (Yagam) also started.

It is alleged that the 2nd respondent /the Executive Officer of the Temple stalled the festival, hurting the sentiments of the villagers. Therefore, the petitioners had approached the first respondent in person and had given representations to allow them to conduct "Maha Kumbabishekam" as scheduled. As the temple is coming under the Hindu Religious Endowment Board, the respondents have to grant permission to conduct "Maha Kumbabishekam". It is also stated that there is no rival opinion and the villagers are united in this matter. Hence, Writ petition in W.P.(MD) No.25666/2019 is filed seeking permission to conduct Peace Committee Meeting in respect of Kumbabishekam of Arulmighu Visalaksi Sametha Kasiviswanathar Kovil situated at Bommanisamuthiram Village.

On 03.12.2019, this Court issued a direction to conduct peace committee meeting to be convened with respect to fixing the date for Kumbabishekam of the above said temple. Further it was directed that the Assistant Commissioner, HR & CE, Tiruchirapalli and the Deputy Superintendent of Police, G.A.Puram, Tiruchirapalli were also to be present in the said meeting. It is reported that as scheduled, the peace committee meeting was conducted on 04.12.2019.

In view of the above, there is no need to pass further orders in W.P.(MD) No.25666/2019 and hence the same is dismissed as infructuous.

Today when the matter is taken up for hearing, proceedings of the peace committee meeting was submitted. As per the report, no unanimous decision has been taken amongst the parties in fixing the date for Kumbabishekam. Therefore the parties are back to the Status quo.

The learned counsel appearing for the 6th respondent/ Executive officer submitted that the Executive Officer requires sufficient time to get concurrence of the Commissioner, HR & CE and it cannot be done in a hurried manner within three days. The dates fixed and recommended by the petitioner and the villagers are between 06.12.2019 and 09.12.2019.

After hearing the parties, this Court asked the petitioner to suggest two or three dates which would be suitable for performing Kumbabishekam convenient to all without any grievance to any of the parties. Accordingly, the petitioner suggested two dates i.e 20.01.2020 and 30.01.2020, which would fall in the tamil month of "Thai". Earlier it was stated that yet another temple festival (Sri Kaliamman Temple) would be conducted during the same period and hence the parties did not agree for these dates. It is stated now that the festival of Sri Kaliamman temple will be scheduled only after 09.03.2020. Therefore, there is no impediment for conducting the Kumbabishekam of Arulmighu Visalaksi Sametha Kasiviswanathar Kovil, before 09.03.2020.

Hence, this Court is of the considered view that as agreed by the villagers and without hurting the feelings and sentiments of the villagers, this Court is fixing the date of performance of Kumbabishekam of Arulmighu Visalaksi Sametha Kasiviswanathar Kovil as 30.01.2020.

Moreover, the Commissioner, HR & CE, who is not a party in the proceedings is also directed to look into the matter at the earliest and approve the date fixed i.e on 30.01.2020 and extend their fullest co-operation in conducting the Kumbabishekam of Arulmighu Visalaksi Sametha Kasiviswanathar Kovil on 30.01.2020, as decided by the villagers.

With the above observation and direction, the Writ Petition in W.P.(MD) No.25214/2019 is disposed of. No costs.