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CDJ 2026 MHC 1022 print Preview print print
Court : Before the Madurai Bench of Madras High Court
Case No : WP. Crl.(MD). No. 872 of 2026
Judges: THE HONOURABLE MRS. JUSTICE S. SRIMATHY
Parties : Meganathan Versus The Tahsildar, Sivagangai & Others
Appearing Advocates : For the Petitioner: M. Mahaboob Athiff, Advocate. For the Respondents: R2, A.S. Abul Kalaam Azad, Government Advocate (Crl. Side), R1, P. Thambidurai, Government Advocate, R3, H. Arumugam, Advocate.
Date of Judgment : 17-02-2026
Head Note :-
Constitution of India - Article 226 -
Judgment :-

(Prayer :- Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamusm directing the respondents 1 and 2 to ensure compliance of the peace committee meeting in Na.Ka.A5/535 of 2024 dated 21.02.2024 by considering the petitioners representation dated 01.02.2026 and 11.02.2026 within the time that may be stipulated by this Court.)

1. This writ petition has been filed seeking issuance of Writ of Mandamus, directing the respondents 1 and 2 to ensure compliance of the decision of peace committee meeting in Na.Ka.A5/535 of 2024 dated 21.02.2024, by considering the petitioner's representation dated 01.02.2026 and 11.02.2026.

2. Heard the learned counsel on either side.

3. Admittedly, there are two groups in Thiruvidaiyarpatti villlage, Tirupattur Taluk. The temple, namely, Sengamada Karuppar temple belong to Hindu Adi Dravidar Community. There is a practice to confer Ambalamship to the other community. One Ganesan is receiving the said Ambalamship. There was a dispute for the said Ambalam ship between the said Ganesan and other group namely, Radhakrishnan and Rajendran. But that was conferred by the Joint Commissioner, HR & CE in the litigation. Subsequently, the litigation went up to the Supreme Court, and the said Ambalamship was conferred to the said Ganesan. Eventhough the Supreme Court has passed the order conferring the title to Ganesan, but suo-motu, the Commissioner of HR & CE Department, has reopened. Aggrieved by the same, a writ petition was filed, but as of now, the proceedings before the Commissioner is stayed by this Court in a writ petition.

4. Based on the above facts, now the present writ petition is filed to ensure the compliance of the Peace Committee Meeting, resolution dated 21.02.2024.

5. The learned counsel appearing for the third respondent, however, brought to the knowledge of this Court that the said Peace Committee Meeting is not convened under statutory provision for which they had already preferred a writ petition in W.P.(MD)No.7715 of 2024, this Court vide order dated 27.03.2024 has held that there is no statutory provision for conducting Peace Committee Meeting and directed the petitioner to ignore the same. With the said observation, the writ petition was disposed of.

6. As of now the Peace committee meeting resolution is non-existence one. Therefore, the present writ petition cannot be entertained for the reason that the Peace Committee meeting cannot be enforced.

7. However, this court independently heard the matter on merits. The said temple is in existence for more than 400 years. There was a practice to confer Ambalamship to another Community which was followed by the Adi Dravidar Community. As of now the Ambalamship is conferred to one Ganesan.

8. During Shivarathri festival, there will be Kavadi festival in the said village and the same is being conducted by the said Adi Dravidar Community. Now, the third respondent has constructed a new temple in a patta land and he is seeking permission to conduct Kavadi festival in his patta land. However, the third respondent is permitted to worship and conduct Annathanam to tonsure, Kathukuthu, in his temple within the premises of his patta land. However, as far as Kavadi is concerned, the temple was constructed in the year 2024 only and therefore, there is no practice of conducting Kavadi and the said practice is a new practice.

9. Since there is an Adi Dravidhar Community, the prosecution submitted some law and order problem would arise. Therefore, the third respondent is permitted to do Kavadi within his patta land and temple alone without taking the same as a procession on the streets.

10. With the above direction, this Writ Petition is disposed of.

 
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