1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.03.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD)No.2136 of 2011 Sri Magamaaye Amman Muneeswarar Tirukovil, Palayampatti. Aruppukkottai Taluk By its Temple Administrative Committee and Managing Trustee Dr.T.Subbiah ... Petitioners Vs. 1.The Inspector General of Police, Soouth Zone, Madurai. 2.The Deputy Superintendent of Police, Aruppukkottai, Virudhunagar District. 3.P.M.Subbiah Asari 4.S.Shanmugam 5.S.Prakash 6.S.Ashok 7.M.R.Kandasamy 8.M.R.Suresh ... Respondents (Respondents 3 to 8 are impleaded as per order dated 01.03.2011 made in M.P.(MD) No.1 of 2010) in Crl.O.P.(MD) No.2136/2011) PRAYER: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the 1st respondent to give police protection to the petitioner Trust so as to conduct the Shivarathiri Festival by opening the Temple gates based on the complaint dated 21.07.2010 to the 1st respondent. For Petitioner : Mr.M.S.Suresh Kumar For R1 and R2 : Mrs.S.Devasena Govt. Advocate (Crl.side) For R3 to R8 : Mr.J.Barathan https://hcservices.ecourts.gov.in/hcservices/ 2 O R D E R This petition has been filed by the petitioner seeking for police protection to the petitioner Trust to conduct Sivarathiri Festival by opening the Temple gates based on the complaint dated 21.07.2010 to the 1st respondent and to pass orders. 2. Heard Mr.M.S.Suresh Kumar, the learned counsel appearing for the petitioner and Mrs.S.Devasena, learned Government Advocate (criminal side) and Mr.J.Barathan, learned counsel appearing for the respondents 3 to 8. 3. The learned counsel appearing for the petitioner would submit in his argument that the petitioner is a pious man and he is the Managing Trustee and President of the Magamayee Amman Muneeswaran Kovil and he is also the founder Trustee of Viswakarma Viswagna Seelakari Amman Trust. He would further submit that the said Sri Magamayee Amman Kovil in Palayampatti village, lies in Nathan S.No.14/915 for more than 400 years and it has been descended to the petitioner’s Trust. He would further submit that differences arose between two groups, one headed by the petitioner and the other headed by the Poojari P.M.Subbiah Asari, who is the 3rd redspondent herein and law of proceedings are pending against them. 4. He would further submit that now the Sivarathiri Festival is fast approaching and the said P.M.Asari claims the temple to be his property and does not allow other persons to worship inside the temple and keys are in his custody and so he locks the temple gates and says that it is his wish and only as per his whims, others have to worship. He would further submit that R.D.O. enquiry has been conducted to recover the temple keys from the said 3rd respondent, however, the Maha Sivarathiri Festival is going to be celebrated on 02.03.2011. Therefore, he would request that police protection to be given to the petitioner Trust to conduct the Maha Sivarathiri Festival by opening the temple gates as per the complaint dated 21.07.2010. 5. The learned Government Advocate (criminal side) appearing for the respondents 1 and 2 would submit in his argument that there are disputes in between the petitioner Trust as well as the respondents 3 to 8 and it has to be decided only by way of adjudicating all the disputes by competent Courts and if both parties are willing to celebrate the Festival in an amicable manner, the police would give police protection to the celebration of Maha Sivarathiri Festival. 6. The learned counsel appearing for the respondents 3 to 8 would submit in his argument that the temple belongs to the 3rd respondent and others and it is not coming under the Trust conducted by the petitioner. He would further submit that there is no objection that the petitioner participating in the Maha Sivarathiri Festival conducted by the 3rd respondent and he has also no objection for giving the keys for such celebration as well as after the celebration is over, the keys would be taken by the 3rd respondent only. https://hcservices.ecourts.gov.in/hcservices/ 3 7. Considering the submissions made by all the parties, this Court could see that both parties are willing to conduct Maha Sivarathiri Festival in respect of Sri Magamaaye Amman Muneeswarar Tirukovil, Palayampatti, Aruppukkottai Taluk. Accordingly, both the petitioner and the respondents 3 to 8 had made joint endorsement on the petition. The said joint endorsement would run as follows: "Joint worship of the deity throughout Shiarathiri Festival. Ceremonies and Poojas also to be jointly conducted with police protection. There should not be any importance to particular individual sd/- ****** counsel for the petitioner. The respondents 3 to 8 have no objection for the petitioner worshipping the deity throughout the Sivarathiri Gestival and participating in the festival to be organized by the 3rd respondent and the Poojas to be conducted by the 3rd respondent. The keys and possession will be retained by the 3rd respondent. The rights of the parties over the temple may be adjudicated in the Civil suit. Sd/-***** counsel for the respondents 3 to 8” As per the joint endorsement made by both parties, this Court can infer that both parties are willing to conduct Maha Sivarathiri Festival in an amicable way. Accordingly, let the Maha Sivarathiri Festival be conducted by both parties and there shall not be any individual importance in worshipping the deities and both the parties are directed to co-operate with each other for the peaceful conduct of the Maha Sivarathiri celebration and the 3rd respondent, who is in possession of the keys shall open the temple for the celebration of the Maha Sivarathiri Festival and all parties are entitled to go inside the temple and worship the deities during Maha Sivarathiri Festival and on completion of the said festival, the 3rd respondent is entitled to have the custody of the keys. The joint celebration of the festival will not in any way affect the rights of both parties and the rights of parties over the temple shall be adjudicated by a civil forum and the present arrangement is for the amicable celebration of the Maha Sivarathiri Festival only, since it has been agreed by both the parties to celebrate the festival in terms of the joint endorsement made by them. The respondents 1 and 2 are directed to give police protection for every individual, who is worshipping the deities during the Maha Sivarathiri Festival and the police protection shall continue till the festival is over. 8. With the aforesaid direction, this petition is ordered. Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 4 To 1.The Inspector General of Police, Soouth Zone, Madurai. 2.The Deputy Superintendent of Police, Aruppukkottai, Virudhunagar District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to Mr.T.R.Jeyapalam, Advocate (SR.No.10648) +1 CC to Mr.M.S.Suresh Kumar, Advocate (SR.No.10515) Crl.O.P.(MD)No.2136 of 2011 01.03.2011 arul NSV/2.3.11/4P/6C https://hcservices.ecourts.gov.in/hcservices/