Thangavel vs State & Others

M. Dhandapani, J

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to grant permission and police protection for lifting of Mayil Kavadi and worshipping Lord Murugan, scheduled to be held on 22.04.2019 to 25.04.2019 at Murugan Theerthakavadimadam, situated near Nadagamedai, Kannadampatti, Gurunathan Naickanur Post, Dindigul West Taluk, Dindigul District, based on the petitioner's representation, dated 20.04.2019.

According to the petitioner, he is a resident of Kannadampatti, Gurunathan Naickanur Post, Dindigul West Taluk, Dindigul District. Two community people viz., Rajakambala Naicker Community and Gowder Community are living in the said Village. The petitioner belongs to Rajakambala Naicker Community. Both the Community people used to worship Lord Murugan in Murugan Theerthakavadi Madam. From the year 1986 to 2010, both the community people lifting 'Mayil Kavadi' during the Tamil month of Panguni and used to go Pathayathirai to Palani for Panguni Uthiram Festival. Further, in the said Village, one Mariyamman Temple Chavadi, known as 'Ettukkal Mandapam' was situated. The said Chavadi was also constructed by both the community people and used for worshipping Mariyamman and also for conducting marriage ceremonies. However, some of the people belonged to Gowder Community illegally demolished the Mariyamman Temple Chavadi in the year 2010 and therefore, a case was registered in Crime No. 472 of 2010 for the offences under Sections 147, 427, 294(b) and 506(i) IPC, on the file of the second respondent Police Station, wherein the third respondent herein was arrayed as an accused. After registering the said FIR in the year 2010, the Gowder Community people alone used to lift Mayil Kavadi during the Tamil Month of Panguni and the petitioner's community people used to worship Lord Murugan during the month of Chithirai and proceeding to Palani. Last year also, though the petitioner's community people worshipped Lord Murugan during the Tamil Month of Chithirai and conducted Pathayathirai to Palani, no permission was granted to lift Mayil Kavadi. Now, the petitioner's community people decided to lift Mayil Kavadi and worship Lord Murugan at Theerthakavadi Madam from 22.04.2019 to 25.04.2019 and also decided to conduct Pathayathirai to Palani, but, the said Madam remain closed by the third respondent. In this regard, the petitioner made a representation to the second respondent on 20.04.2019, but, the second respondent has not taken any action on the said representation so far. Hence, the present Writ Petition.

Though the Writ Petition is filed for a larger relief, seeking issuance of a Writ of Mandamus, directing the respondents 1 and 2 to grant permission and police protection for lifting 'Mayil Kavadi' and worshipping Lord Murugan, scheduled to be held on 22.04.2019 to 25.04.2019 at Murugan Theerthakavadimadam, situated near Nadagamedai, Kannadampatti, Gurunathan Naickanur Post, Dindigul West Taluk, Dindigul District, based on the petitioner's representation, dated 20.04.2019, the learned counsel appearing for the petitioner, in the course of his argument, restricted his relief for issuing a direction to the second respondent, to allow them to Worship Lord Murugan, on the basis of the petitioner's representation, dated 20.04.2019.

The learned Government Advocate (Criminal side) submitted that though a representation was made on 20.04.2019 to the second respondent and also another representation on 22.04.2019 [Today] to the first respondent, there is no reasonable time available to consider the representations of the petitioner and it appears that there are interested persons involved in this case and without hearing them, considering the representations of the petitioner will be against the principles of natural justice.

Considering the facts and circumstances of the case and also considering the fact that the petitioner himself admitted that after 2010, their community people were not allowed to lift 'Mayil Kavadi' as well as to perform Pooja and now, he wants to worship only Lord Murugan, this Court is not inclined to issue any direction to the Law Enforcing Agency by considering the representation of the petitioner. However, if the petitioner's community people were allowed to worship Lord Murugan last year, their request for worshipping Lord Murugan this year may be considered after hearing the third respondent or other interested persons, if any, in accordance with law.

With the above direction, this Writ Petition is closed. No costs. Consequently, connected Miscellaneous Petition is closed.