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Judgment
This writ petition has been filed by one Mrs.Maharasi for the issuance of Writ of Certiorarified Mandamus calling for the records pertaining to the impugned proceedings in Pa.Mu.M.Si.No. A1/162//(BNS0164)/2026 dated 22.08.2026 passed by the first respondent, quash the same and consequently direct the respondents to grant necessary permission and provide adequate police protection for conducting the customary Kodai Vizha, Poojas, rituals and Villupattu Programme at Arulmigu Sri Mutharamman Temple, Koodankulam, from 24.08.2026 to 26.08.2026 pursuant to the petitioner's representation dated 17.08.2026.
The petitioner made a representation dated 17.08.2026 to the first respondent seeking police protection and the same has been considered by the first respondent and Peace Committee Meeting was conducted with the petitioner as well as the rival party namely, Sankaramoorthy Nadar, who is arrayed as fifth respondent herein, as ''A'' party and ''B'' party respectively and finally rejected the request of the petitioner. Against the same, the present petition has been filed.
The facts reveal that as per the judgment passed in O.S.No.109 of 2003 dated 28.07.2003, the subject temple belongs to the Nadar community in which the worship right and Kodai Vizha right has been decreed with regard to 2 vagairas, in which Santhappan and Muthuraj, who are the plaintiffs in the said suit were given permission to conduct 2003 Tamil Aadi Month Kodai Vizha Festival and Periyasamy Nadar and Soundara Pandiya Nadar, who are the defendants 1 and 2 in the said, were given permission to conduct the 2003 Tamil Purattasi Month Kodai Vizha Festival. Thereafter, the plaintiffs referred above are permitted to proceed to conduct Kodai Vizha Festival in every Tamil month of Aani and the defendants Soundarapandi and Periyasami are permitted to conduct the Kodai Vizha Festival in every Tamil month of Avani in every year. Further, regular pooja rights were given to conduct pooja from 1 to 20 of every month to the plaintiffs therein and regular pooja rights to conduct pooja from 21 to 30/31 of every month to the defendants.
As per the said decree, it is learnt that the decree was passed based on the compromise entered between the parties. Since then, the plaintiffs therein and the defendants therein are following the procedures.
Now a rift started in the defendants vagaira as per the suit wherein, the petitioner before this Court is wife of Periyasamy Nadar, who is the first defendant in the said suit and the fifth respondent herein is the fourth defendant in the said suit.
As per the compromise decree, a dispute arose among the defendants to conduct Kodai Vizha to the subject temple namely, Sri Mutharamman Temple, Koodankulam, where the petitioner and the fifth respondent herein reside. As per the compromise decree, there is no dispute among the plaintiffs. In view of the resolution of the first respondent in the earlier Peace Committee Meeting, both parties stick on the rights and ultimately ended in vain.
This Court persuaded both sides counsel to come up with a solution among the petitioner and the fifth respondent, which enable them to proceed with the festival. Ultimately, with the advice of both sides counsel, now the petitioner and the fifth respondent have come forward to celebrate the Kodai Vizha amicably, wherein the petitioner and her vagaira decided to conduct the Kodai Vizha in three days and the fifth respondent and their vagaira decided to conduct the Kodai Vizha for another three days. Though the prayer in the writ petition to celebrate, the Kodai Vizha starts from 24.08.2026 to 26.08.2026, that was not done. For one or the other reasons, the case is pending. Now the petitioner and the fifth respondent realized their mistakes and decided to go again with a compromise between them and they come up with a joint compromise memorandum dated 02.09.2026.
As per the said Memorandum of Compromise, the petitioner in this case and her vaigra decided to conduct the Kodai Vizha in Arulmigu Sri Mutharamman Temple, Koodankulam from 03.09.2026 to 05.09.2026. The fifth respondent has agreed to conduct the Kodai Vizha in Arulmigu Sri Mutharamman Temple, Koodankulam from 07.09.2026 to 09.09.2026 for this year. It was found in the memorandum of compromise that one more suit in O.S. No.25 of 2026 is pending before the District Munsif cum Judicial Master, Radhapuram filed by the petitioner herein against the fifth respondent herein. As far as the celebration of Kodai Vizha in Arulmigu Sri Mutharamman Temple, Koodankulam, in forthcoming years is concerned, the parties in the suit may decide either to proceed the case or compromise the issue among themselves as per the advice of the well wishers in their community. Therefore, the learned counsel for both sides submitted that recording the joint compromise memo, Kodai Vizha for this year may be permitted to go ahead as per the wishes of the petitioner and the fifth respondent as per the decree in the earlier suit.
The Additional Government Pleader and the Government Advocate (Crl.side) submit that they have no objection for the parties to arrive at an amicable settlement among themselves.
In view of it, the petitioner is permitted to conduct the Kodai Vizha Festival to Sri Mutharaman Temple at Kudangalama from 03.09.2026 to 05.09.2026. The fifth respondent is permitted to conduct the Kodai Vizha Festival to Sri Mutharaman Temple at Kudangalama from 07.09.2026 to 09.09.2026 without any rift to anyone. This order is only for this year and it would not be applicable for forthcoming years. Parties may work out their remedy before the pending suit.
Accordingly, the impugned order is set aside and the scheduled date of the festival is rescheduled by this compromise memo as aforesaid.
In the result, this petition is allowed. Consequently, connected miscellaneous petition is closed.