Mani vs Thasildar And Others

K.Murali Shankar, J

This Writ Petition has been filed seeking a Writ of Mandamus, directing the second respondent to permit the petitioner to perform the temple festival of Diety Kombu Madaswamy at Ettankulam Village, Manur Taluk, Tirunelveli District for 2 days respectively on 26.01.2023 and 27.01.2023 by giving adequate police protection.

Mr.J.K.Jeya Selan, learned Government Advocate (Civil Side) takes notice for the first respondent, Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor takes notice for the second respondent and Mr.R.Bala Krishnan, learned counsel takes notice for the third respondent.

It is seen from the records that the third respondent and two others have filed a civil suit in O.S.No.506 of 2015 and after trial, the suit was decreed in part declaring that the plaintiffs are the founders and Poojaries of the suit temple and granting permanent injunction restraining the defendants and their men from interfering with the plaintiffs management and conducting of poojas in the suit temple.

The learned counsel appearing for the third respondent would submit that the key of the temple is now with the second respondent, that the second respondent may be directed to hand over the key to the third respondent and after getting the key, the third respondent will open the temple and arrange for poojas and that the third respondent has no objection for the writ petitioner and his family to come and worship the God and make their offerings.

The learned counsel appearing for the writ petitioner would submit that it would be suffice, if the writ petitioner and his family are permitted to visit the temple and make offerings.

Recording the submissions on either sides, the writ petitioner is directed to file an undertaking affidavit in this regard before the second respondent and on such filing, the second respondent is directed to hand over the key to the third respondent and thereafter, the third respondent is directed to open the temple and arrange for poojas and to permit the writ petitioner and his family to visit the temple and make offerings.

With the above directions, this Writ Petition stands disposed of. No costs.