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Madras High CourtWP/28719/2015dismissed

V.K.Subramanian v. The Revenue Divisional Officer

2015-09-14Honourable Mr Justice M.M.Sundresh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.09.2015

CORAM

THE HONOURABLE MR. JUSTICE M.M.SUNDRESH W.P.No.28719 of 2015 V.K.Subramanian ... Petitioner -Vs1.The Revenue Divisional Officer, Gobichettipalayam, Erode District.

2.The Tahsildar, Gobichettipalayam, Erode District.

3.The Inspector of Police, Gobichettipalayam Police Station, Gobichettipalayam, Erode District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus directing the respondents to provide adequate protection for the Kumbabishegam of Arulmighu Kannimoola Ganapathi and Arulmighu Sri Karupparayan @ Karuppannasamy Temples to be held on 16.09.2015 at the Patta lands of the petitioner in New Survey No.229/5, L.Kallipatti, Lakkampatti Village, Gobichettipalayam Taluk, Erode District by the petitioner. For Petitioner : Mr.K.Soundararajan For Respondents : Mr.S.Navaneethan, Additional Government Pleader

O R D E R

Seeking direction to the respondent no.1 to provide adequate protection for Kumbabishegam of the Temple, the present Writ Petition has been filed.

2.When the matter is taken up today, the learned counsel for the temple, though not made as a party, submitted that the temple has already filed a suit in the year 1999 and obtained a decree for permanent injunction against the petitioner. The petitioner also filed a suit in O.S.No.215 of 2014 pending on the file of the District Munsif Court, Gobichettipalayam, in which there is no interim order.

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3.In view of the said factual position, this Court is not inclined to grant the relief sought for, especially, when the petitioner has not putforth those facts before this Court. Accordingly, the Writ Petition is dismissed. No costs. -s/dAssistant Registrar(CO) dt:28/09/2015 True Copy Sub-Assistant Registrar va To 1.The Revenue Divisional Officer, Gobichettipalayam, Erode District.

2.The Tahsildar, Gobichettipalayam, Erode District.

3.The Inspector of Police, Gobichettipalayam Police Station, Gobichettipalayam, Erode District.

+1 cc to Mr.K.Soundarajan Advocate sr.49931 +1 cc to Government Pleader sr.50260 W.P.No.28719 of 2015 aa30/09/2015 https://hcservices.ecourts.gov.in/hcservices/