Ramalinga Swamy Trust v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.06.2024

CORAM:

THE HON'BLE MR. JUSTICE G.K. ILANTHIRAIYAN W.P. No.7796 of 2021 and W.M.P.No.8324 of 2021 Ramalinga Swamy Trust, Represented by the Secretary, N.S.M.Thangavel ... Petitioner vs.

1. The District Collector, Namakkal District.

2. The Zonal Deputy Thasildar-No.1, Rasipuram Taluk, Namakkal District.

3.The Revenue Inspector, Rasipuram Taluk, Namakkal District.

4. The Tahsildar, Rasipuram, Namakkal District.

5. Ari.S.Manivannan ... Respondents Prayer : Writ Petition is filed under Article 226 of Constitution of India to issue a writ of Certiorarified Mandamus calling for the records of the order of the 4th respondent dated 27.01.2021, under Na.Ka.No.252/2021/A2 and to quash the same as illegal and invalid and 1/4

consequently direct the Respondents 1 to 4 to forthwith remove the lock put up by them and permit the petitioner to conduct the day to day poojas and grant such other suitable relief.

For Petitioner : Mr.T.Dharmarajan For Respondents 1 to 4 : Mr.S.J.Mohammed Sathik Government Advocate For Respondent 5 : Mr.S.Subramaniyan

ORDER

This writ petition has been filed challenging the order of the 4th respondent dated 27.01.2021, under Na.Ka.No.252/2021/A2 and to quash the same as illegal and invalid and consequently direct the Respondents 1 to 4 to forthwith remove the lock put up by them and permit the petitioner to conduct the day to day poojas and grant such other suitable relief.

2. The order challenged in this writ petition is that there was law and order issue and as such the celebration of Thai Poosam festival to be conducted under the supervision of revenue officials and police officials. They must ensure that there would not be any law and order issue. Now, the entire function was over and subsequently several festivals were 2/4

conducted for Arulmigu Ramalingaswami Temple. Since, there was impugned order issued, thereby ordered that not to conduct Thai Poosam festival on 28.01.2021. That apart, it is seen that the dispute between the petitioner and the 5th respondent in respect of the right over the temple to conduct festival. Therefore, the issue between the petitioner and the 5th respondent cannot be settled by the revenue officials. However, the petitioner and the 5th respondent are at liberty to approach Civil court for Appropriate relief.

3. Therefore, this court cannot find any infirmity or illegality in the order passed by the 4th respondent dated 27.01.2021. Hence, this writ petition is devoid of merits and liable to be dismissed. Accordingly, this writ petition is dismissed. Consequently, connected miscellaneous petition is closed. No costs.

14.06.2024 Index: Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order gvn 3/4

G.K.ILANTHIRAIYAN, J.

gvn To

1. The District Collector, Namakkal District.

2. The Zonal Deputy Thasildar-No.1, Rasipuram Taluk, Namakkal District.

3.The Revenue Inspector, Rasipuram Taluk, Namakkal District.

4. The Tahsildar, Rasipuram, Namakkal District.

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