IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 1.9.2009 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI W.P.No.17505 of 2009 A.Elangovan ..Petitioner Vs. 1. The District Collector Thiruvallur District Thiruvallur. 2. The Revenue Divisional Officer Tiruttani, Thiruvallur District. 3. The Thasildar Pallipattu Taluk Thiruvallur. 4. The Superintendent of Police Thiruvallur District Thiruvallur. 5. The Inspector of Police R.K.Pettai Police Station Ramakrishnarajupet Thiruvallur District. ..Respondents PRAYER: Petition under Article 226 of the Constitution of India for issue of a writ of Mandamus as stated herein. For Petitioner : Mr.V.P.Rajendran For Respondents : Mr.T.Sreenivasan Addl. Government Pleader ORDER The writ petition is for a direction against the second respondent to permit the villagers of Ramakrishnaraju Pettai, Pallipattu Taluk, Thiruvallur District to conduct Gangai Amman Jathirai commencing from 6.9.2009 to 9.9.2009 at places, viz., on 6.9.2009 – Sattu Pongal, on 7.9.2009 – Karagam Procession, on 8.9.2009 – keeping the Gangai Amman idol at 8 pm at Thiruttani, Pallipattu, Sholinghur Junction (Kootu Road) and thereafter to https://hcservices.ecourts.gov.in/hcservices/ conduct drama on 9.9.2009, Morning procession of Gangai Amman by 5 am and immersing 7 am and at in the evening 6 pm Arulmighu Ponniamman Thiruveethi Voola (procession). 2. The petitioner, who is stated to be a Councilor, represents the public in the area for the purpose of conducting Jathirai festival on the above said dates. On a direction from the District Collector, Thiruvallur District/first respondent, the Thasildar, Pallipattu Taluk/third respondent, in his report dated 31.8.2009, has stated that there are three groups claiming right to conduct the Gangai Amman Jathirai at the same place, the 'A' Group consisting of S.M.Subramanian and others, the 'B' Group consisting of Subramani, son of Thangavel Mudhali and the 'C' Group consisting of petitioner and others. 3. On a joint meeting of all the groups, the Thasildar, Pallipattu Taluk/third respondent found that one of the parties has obtained an order from the Civil Court, Pallipattu in I.A.No.283 of 2009 in O.S.No.28 of 2009, while the petitioner by relying upon the present writ petition has been requesting the respondents for yielding for their demands. However, the third respondent found in his report that since the three groups are claiming rights to perform the Jathirai at the same time, it is not possible to allow all of them. 4. It is also brought to the notice of this Court that in the year 2007 also a similar issue arose and in W.P.No.30398 of 2007, this Court, having taken note of the situation that the festival period was already over, directed the parties to settle their disputes and perform religious festival without affecting the law and order situation. Subsequently, for the year 2008 also when another writ petition was filed in W.P.No.21203 of 2008, this Court by an order dated 4.9.2008 has passed the following order: "7. The counsel for the petitioner would submit that he would be satisfied with similar direction as was previously granted in W.P.No.30398 of 2007. I do not mean to get into the relevant merits of the rival contentions between the parties and suffice it to issue similar directions to all the parties to bury the hatchet and ensure that the religious festival is performed without affecting law and order situation. The petitioner may bring the order of this Court to the notice of the first respondent-District Collector and the third respondent-Tahsildar." 5. The dispute continues even for this year, as it is seen from the report of the third respondent submitted to the first respondent. https://hcservices.ecourts.gov.in/hcservices/ 6. In such circumstances, when three groups are claiming to conduct Gangai Amman Jathirai between 6.9.2009 and 9.9.2009, I am of the considered view that it is not for this Court to decide as to who is to be permitted, except to state that all the public are entitled to participate in the religious festival and it is the duty of the respondents to see that law and order is maintained. The respondents are directed to see that the Gangai Amman Jathirai is performed with consensus among the parties without affecting the law and order situation. The petitioner may bring the order of this Court to the notice of the first and third respondents. This writ petition stands disposed of in the above terms. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar sasi To 1. The District Collector Thiruvallur District Thiruvallur. 2. The Revenue Divisional Officer Tiruttani, Thiruvallur District. 3. The Thasildar Pallipattu Taluk Thiruvallur. 4. The Superintendent of Police Thiruvallur District Thiruvallur. 5. The Inspector of Police R.K.Pettai Police Station Ramakrishnarajupet Thiruvallur District. + 1 c.c. to Mr. V.P. Rajendran, Advocate. S.R.No.43498. W.P.No.17505 of 2009 TS (CO) GSK 02.09.2009. https://hcservices.ecourts.gov.in/hcservices/