HC gives nod to hold festival at temple built on mosque land in Poonamallee
If the villagers have been taking part in the festival for several years, it cannot be prevented, said Justice G Jayachandran while disposing of a petition that sought permission to hold the Aadi festival at the temple that was built on a land that is owned by a mosque.
Madras High Court
CHENNAI: A person cannot stop another belonging to a different religion from taking part in festivals, said the Madras High Court, granting permission to conduct the Aadi-Avani festival at a Madurai Veeran - Selvi Mariamman temple situated on a mosque land in Poonamallee.
If the villagers have been taking part in the festival for several years, it cannot be prevented, said Justice G Jayachandran while disposing of a petition that sought permission to hold the Aadi festival at the temple that was built on a land that is owned by a mosque.
When it was submitted that the mosque had moved the Tamil Nadu Waqf Tribunal seeking to evict the petitioner and temple from the land, the judge added that the mere pendency of an eviction petition cannot be a reason to prevent the faith of the petitioner or the conduct of religious ceremonies.
The court then allowed the petitioner to conduct the festival without causing any disturbance to public peace and tranquility. He also directed the petitioner not to use megaphones or loudspeakers while conducting the festival. Only the families in and around the village should participate in the festival and those from far-off places, he added.
The petitioner, S Ramachandran, constructed the Madurai Veeran Selvi Mariamman temple on the land he took on lease from the Big Mosque, Mulla Thottam, Poonamallee.
The mosque allowed the petitioner to conduct the annual Aadi Avani festival every year, and the festival was conducted harmoniously by Hindus and Muslims till last year.
The mosque management laid certain restrictions on the petitioner to conduct the festival. Later, it moved the Waqf Tribunal seeking to evict the petitioner and temple from its land, alleging that he was indulging in illegal activities.
While the matter is pending before the Tribunal, the petitioner moved the case in the High Court seeking permit to conduct the Aadi festival.
The petitioner said the police denied the permission this year merely citing law and order problem, and alleged it was because of mosque management’s compulsion.