1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23-12-2011 CORAM: THE HONOURABLE MR. JUSTICE V. RAMASUBRAMANIAN W.P.(MD)Nos.14414 and 14556 of 2011 and M.P.(MD)Nos.1 and 1 of 2011 1.T.Vinilkumar ..Petitioner in WP(MD)No. 14414 of 2011 2. Zion Christian Welfare Association, Rep.by its President S.Pradeep Kumar, Aramannam, Cheruppaloor Post, Kanniyakumari District. ..Petitioner in WP(MD)No. 14556 of 2011 Vs. 1.The District Collector, Kanyakumari District At Nagercoil. ..1st Respondent in Both the Petitions 2.The Superintendent of Police, Kanyakumari District At Nagercoil. ..2nd Respondent in WP.14556 OF 2011 3.The Inspector of Police, Kulasekaram Police Station, Kanyakumari Disatrict. ..3rd Respondent in WP(MD)No. 14414 of 2011 ..4th Respondent in WP(MD)No. 14556 of 2011 4.The Deputy Superintendent of Police, Thuckalay, Kanyakumari District. .. 3rd Respondent in W.P.14556/2011/ 2nd Respondent in WP(MD)No. 14414 of 2011 PRAYER IN WP.14414/2011: Writ Petition filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to grant permission to hold and celebrate the 23rd Annual Festival and the 14th Mandala Pooja of Sri Saptha Mathargal Thirukovil, Kavuvilai, Aramannam in Kanyakumari District on 24.12.2011 to 27.12.2011 based on the petitioner's applications dated 23.11.2011, 25.11.2011 and 30.11.2011 within the period specified by this Court. PRAYER IN WP.14556/2011: Writ Petition filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, to direct the respondents to grant permission to the petitioner to conduct Christmas festival with public address from 25.12.2011 to 26.12.2011 at Survey No.119/4A comprised in Thumbacode Vilalge, Mudakalavilai Junction, Aramannam, Kalkulam Taluk, Kanyakumari District by considering the petitioner's representation dated 02.12.2011. For Petitioner : Mr.M.Ashokkumar(WP.14414/2011) For Petitioners : Mr.S.C.Herold Singh(WP.14556/2011) For Respondents : Mr.R.Karthikeyan. Addl.Govt.Pleader https://hcservices.ecourts.gov.in/hcservices/ 2 COMMON ORDER While the petitioner in W.P.(MD)No.14414 of 2011 seeks a Mandamus to the respondents to grant permission to hold and celebrate the 23rd Annual Celebration and 14th Mandala Pooja of 'Sri Saptha Mathargal Temple', the petitioner in the other writ petition seeks permission to celebrate Christmas. 2. Since the claim made by the petitioners in both the writ petitions stood in conflict with each other, they were taken up together. 3. I have heard Mr.M.Ashokkumar, learned counsel for the petitioner in the first writ petition, Mr.S.C.Herold Singh, learned counsel for the petitioner in the next writ petition and Mr.R.Karthikeyan, learned Additional Government Pleader for the respondents. The Inspector of Police, Kulasekaram Police Station, is also present in the Court. 4. It appears that there is a 'Sri Saptha Mathargal Temple' in a 10 feet road which cuts Thiruvarambu – Kulasekharam Main Road perpendicularly. The CSI Church and RC Church are located in Thiruvarambu – Kulasekharam main road. The 'Sri Saptha Mathargal Temple' is situate in the 10 ft road which cuts the main road perpendicularly. 5. While the petitioner in the first writ petition wants to celebrate 'Mandala Pooja' for three days from 24th onwards, the petitioner in the next writ petition wants to celebrate Christmas in a piece of land which is located in the junction where the 10ft road cuts the main road perpendicularly. 6. From the pleadings as well as the rival contentions, it is clear that unless some methodology is worked out either permission cannot be granted to both or permission has to be granted to both. Not granting permission to both, will only aggravate the tension, while granting permission to both parties with certain regulation may assuage the feelings of both. Therefore, the writ petitions are disposed of with the following directions:- (i) The petitioner in the second writ petition shall hold public celebration in the place where they have a patta land in the junction of main road and the 10ft road from 10.00 a.m on 25.12.2011 till 8.00 p.m., in the evening on the same day. (ii). The Petitioner in the first writ petition shall hold the Mandala Pooja from 24th onwards. But on 25.12.2011, the petitioner in the first writ petition shall restrict the festivities only to the community lunch proposed to be held within a temple viz., 'Sri Saptha Mathargal Temple'. (iii) Both sides shall ensure that adequate number of volunteers are posted from their own respective groups to ensure that the festivities do not spill over in such a manner that would disturb the peace and tranquility of the public as well as each other. (iv).The public address system employed by both sides shall be restricted upto the decibel level i.e., permitted by the Pollution Control Board. https://hcservices.ecourts.gov.in/hcservices/ 3 (v) On 25.12.2011 the petitioner in the first writ petition shall not use the public address system so as to ensure that the public address system used by the petitioner in the next writ petition, would not go simultaneously. (vi) The community lunch on 25.122011 by the Mandala Pooja group shall be restricted between 12.00 Noon and 3.00 p.m, on 25.12.2011. (vii) The volunteers from both sides shall co-ordinate with the Police so that the person coming for the festivities are kept under the control of their own volunteers under the supervision of the Police. Both sides shall give a list of volunteers to the Police so that the co- ordination become easy. 7. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. SD ASST REGISTRAR ( T AND P ) /TRUE COPY/ SUB ASST REGISTRAR MPK To 1.The District Collector, Kanyakumari District At Ngercoil. 2.The Superintendent of Police, Kanyakumari District At Nagercoil. 3.The Inspector of Police, Kulasekaram Police Station, Kanyakumari Disatrict. 4.The Deputy Superintendent of Police, Thuckalay, Kanyakumari District. 1CC TO MR. S.C. HEROLD SINGH, ADVOCATE, SR: 45719: 1CC TO MR. M. ASHOK KUMAR, ADVOCATE, SR: 45556: DM::2011:DECEMBER:23:: W.P.(MD)Nos.14414 and 14556 of 2011 and M.P.(MD)Nos.1 and 1 of 2011 23-12-2011 3P:7C:: https://hcservices.ecourts.gov.in/hcservices/