MADURAI: The Madurai Bench of Madras High Court on Wednesday issued statutory notice to Dindigul Collector S Saravanan for passing a prohibitory order in Perumal Kovilpatti village in Dindigul, preventing Hindu community in the village from celebrating Karthigai Deepam festival at Mandu Karuppasamy temple, despite an order passed by the court on Tuesday evening directing the authorities to permit the celebration.
Hearing a contempt petition filed by V Sithan Balraj, Justice G R Swaminathan observed the collector does not exercise appellate jurisdiction over the HC.
During the hearing, the judge repeatedly asked the collector, who was present before the court along with the Superintendent of Police Pradeep pursuant to a summon issued by the judge, whether he is going to withdraw the prohibitory order and implement the verdict. However, the collector explained though they wanted to implement the court order, the situation was volatile, leading to issuance of the prohibitory order.
Additional advocate general Veera Kathiravan contended the state’s right of appeal cannot be deprived through contempt proceedings. He pointed out that they had moved an appeal before the division bench in the morning and asked the judge to let the division bench take a decision.
AAG M Ajmal Khan also pointed out that there will be bloodshed if the celebration is permitted to take place, pointing out that already 21 FIRs, including a murder case, are pending in connection with the issue.
When the judge continued to ask the collector to give his statement in writing, Khan intervened and criticised the manner in which the contempt petition came to be heard, despite the fact that the state has taken steps to prefer an appeal.
The tension in the court hall further escalated when a senior counsel appearing for the petitioner criticised the state demanding them to file an affidavit that they cannot handle law and order so that the governor could be recommended to invoke Article 356 for imposing President’s rule.
The temple, a small stone structure in a 12.5-cent poramboke land in the vicinity of a Kaliamman temple in the village, was closed and barricaded last year due to disputes between Hindus and Christians in the locality.
Following the court’s approval on Tuesday, the Hindus began clearing the land. The situation escalated when members of other communities, unhappy with the decision, gathered in large numbers at the site, sources said. Anticipating unrest, a police team was dispatched to mediate and de-escalate tensions, but neither side was willing to compromise, they added.
(With inputs from M P Saravanan @ Dindigul)