High Court · 2025

W.A.No.154 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 19.03.2025CORAMTHE HON'BLE MR. JUSTICE S. M. SUBRAMANIAMANDTHE HON'BLE MR. JUSTICE K. RAJASEKARWrit Appeal No.154 of 2025E.P.Selladurai... AppellantVs.1.The District Collector, Salem District, Salem.2.The Tahsildar, Gengavalli Taluk, Salem District.3.The Assistant Commissioner, HR & CE Department, Salem District, Salem.4.The Inspector of Police, Thammampatti Police Station, Thammampatti, Salem District.5.The Deputy Superintendent of Police, Attur Range, Salem District.6.P.Kakkan Selvakumar7.R.Saravanan8.P.Subramanian9.P.Perumal10.P.Ramesh... Respondents1/10 https://www.mhc.tn.gov.in/judis W.A.No.154 of 2025Writ Appeal filed under Clause 15 of Letters Patent Act, against the order dated 29.08.2024 in W.P.No.27334 of 2022.For Appellant: Mr.G.Karthikeyan, Senior Counsel For Mrs.A.Jagadeeswari For RR1 & 2: Mrs.E.Ranganayaki Additional Government PleaderFor R3: Mr.N.R.R.Arun Natarajan Special Government Pleader (HR & CE)For RR4 & 5: Mr.M.Babu Muthumeeran Additional Public ProsecutorFor RR6 to 10: Mr.R.Sankara Subbu For Ms.S.VinodhaJUDGMENT(Judgment of the Court was made by S. M. SUBRAMANIAM, J.)Under assail is the order dated 29.08.2024 passed in W.P.No.27334 of 2022.2. The writ petitioner is the appellant before this Court. Writ petition was instituted challenging the order passed by the Tahsildhar, Gangavalli Taluk, Salem District in proceeding dated 10.05.2022 stating that the Peace 2/10 https://www.mhc.tn.gov.in/judis W.A.No.154 of 2025Committee Meeting held between the villagers failed and therefore, the permission to conduct car festival is rejected.3. The said order came to be challenged in the writ proceedings. The writ Court considered the pleadings between the parties. During the course of hearing, the writ Court directed the parties to be present and examined their grievances by conducting a personal hearing. Final order has been passed, allowing the writ petition, permitting the Temple management and the HR & CE Department to conduct car festival.4. Pertinently, the writ Court considered the report of the Assistant Commissioner, HR & CE Department and made findings which reads as under: “9.Further, the status report of the 3rd respondent would clearly state that as per tradition, the procession of Urchavamurthy of Arulmighu Vinayagar, Mariamman, Selliamman, Angalaamman, Dharmaraja and Baladhandauthapani temples, will start at 10 p.m., from Arulmighu Mariamman temple, via., Thermutti, Bhajana Mada Street, Munsif street and again turn back from Munsif street and it will go till south chatira street and again turn back from South chatira street and will proceed till MGR 3/10 https://www.mhc.tn.gov.in/judis W.A.No.154 of 2025Statue and through Kuyavar street, Devarar Gounder santhu and return through Devarar Gounder Shanthu and turn through southern side and go through Sengamoopanar street and turn back from sengamopanar street and go through Kollampatirai and turn back from Kollampatirai street and go through Paratai Beganaar street, Vivekandar street and again return back from Vivekandar street and go through west madha temple street and return back from west matha temple and go through pillaiyar kovil street. On the next day, approximately, at 8.00 a.m., to 9.00 a.m., will reach its destination. The distance of the procession of swamy thiruvedi ula is three kilometers. However, the learned counsel for the petitioner submits that the petitioner was not agreeable for 'U' turn by chariot. Hence by order dated 03.07.2023 the matter was referred to Mediation.”5. The report further states about the route and paragraph No.12 of the writ order is extracted hereunder: “12. Also, it is clear from the report of the HR & CE Department, Salem that the Swami's procession starts from Arulmigu Mariamman Temple, via, Thermutti, Bhajana Mada Street, Munsif Street and again turn back from Munsif street and it will proceed till south chaitra street and turn back from South Chatra street and will proceed till MGR Statue and again through Kuyavar street and again through 4/10 https://www.mhc.tn.gov.in/judis W.A.No.154 of 2025Devarar Gounder Santhu and return through Devarar Gounder Santhu and turn through Southern side and proceed through Sengamoopanar Street and again turn back from Sengamoopanar street and go through kollampatirai and turn back from Kollampatirai street and proceed through Paratai Beganar street, vivekanandar street and again return back from Vivekandar street and proceed through west matha temple street and again return back from West Matha temple and go through pillayar kovil street and on the next day approximately at 8.00 a.m., to 9.00 a.m., it will reach its destination.”6. The Assistant Commissioner in his counter revealed the following facts: “The respondents 1 to 10 demanding the deity Thiruveedhi Procession have to come with their area. The main Palakad Road in which street the respondents 6 to 10 want the chariot to come was also inspected and in 30 meters from Chariot Thiruveedhi, there is a bus stand and a large open area when the spot inspection, we found that, the chariot can go through the street and turn around in that above said bus stand place and come back without any difficulty. Apart from that, if chariot has to go for 750 meters, which is the end of the village, there is no space to take a 'U' turn the chariot will be difficult.”5/10 https://www.mhc.tn.gov.in/judis W.A.No.154 of 20257. Taking note of the report of the Assistant Commissioner, HR & CE Department, the writ Court made a finding that no discrimination can be caused; no discrimination can be allowed merely based on the caste and equal opportunity and participation is to be provided to the people of the Villages to participate in the festival and to worship the Deity. In order to eliminate discrimination and to ensure larger participation from various community people residing in that Village, the writ Court issued a direction as under:“14.Considering the above said facts and circumstances of the case and keeping in mind that this Court cannot discriminate the people only on the basis of the caste and all are equal under the Constitution, since the 'Sapparam' being a smaller cart and the width of the road is also wide, which is comfortable for the Sapparam to enter into the streets and can be taken through a bullock cart or tractor, the impugned order passed by the 2nd respondent herein in Na.Ka.No.1112/2012/A1 dated 10.05.2022 declining permission to conduct temple festival is set aside and this Court is inclined to direct the concerned officials of HR & CE Department, to proceed 350 meters further from the Chariot Thiruveedhi, where there is a bus stand and a large open area available and the bullock cart/tractor can very well proceed through the street and turn around in the said bus stand and can return without any difficulty. This 6/10 https://www.mhc.tn.gov.in/judis W.A.No.154 of 2025Court has gone through the route map of both Car (Ther) and Sapparam and of the view that there will be no prejudice being caused against anyone if the Sapparam festival can be proceeded in a peaceful manner, which can be administered by the revenue and police officials into 350 meters further from the Chariot Thiruveedhi.”15. While allowing the writ petition in the last paragraph, the writ Court made an observation that “ if the other community people are not willing to enter into the said street, they may restrain themselves from entering into the said street. There need not be unnecessary halt of the Sapparam and it shall proceed as soon as possible. In view of the present ground reality, it would be appropriate to allow the sapparam to be taken to the above said area in order to maintain peace and harmony among the people as there shall be no discrimination to the constitution”.16. In the considered view of this Court, such a negative observation may not be required. Once the route suggested by the Assistant Commissioner, HR & CE Department in his report and the said route has been accepted by the writ Court and direction was issued to conduct car festival, there is no necessity to make an observation about the people who are not willing to participate in the car festival. It is for the people to take a 7/10 https://www.mhc.tn.gov.in/judis W.A.No.154 of 2025decision in this regard and as far the festival is concerned, the authorities are bound to conduct by maintaining peace and tranquillity.17. Therefore, this Court is inclined to remove the above observation in the writ order and in respect of directions issued and allowing of the writ petition, same stand confirmed. Therefore, as per the directions issued in paragraph No.14, 1st paragraph, the car festival shall be celebrated by maintaining peace and tranquillity by the competent authorities including the police authorities.18. With these observations, the writ appeal stands disposed of. There shall be no order as to costs.(S.M.S., J.) (K.R.S., J.) 19.03.2025 ssiIndex: Yes/NoSpeaking Order: Yes/NoNeutral Citation Case : Yes/No8/10 https://www.mhc.tn.gov.in/judis W.A.No.154 of 2025To:1.The District Collector, Salem District, Salem.2.The Tahsildar, Gengavalli Taluk, Salem District.3.The Assistant Commissioner, HR & CE Department, Salem District, Salem.4.The Inspector of Police, Thammampatti Police Station, Thammampatti, Salem District.5.The Deputy Superintendent of Police, Attur Range, Salem District.9/10 https://www.mhc.tn.gov.in/judis W.A.No.154 of 2025S. M. SUBRAMANIAM., J.AND K. RAJASEKAR., J.ssiW.A.No.154 of 202519.03.2025 10/10