Madras High CourtWP/29377/2015disposed of

M.Sekar, v. The District Collector,

2015-09-29Honourable Mr Justice M.M.Sundresh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 29.09.2015

CORAM

THE HONOURABLE MR.JUSTICE M.M. SUNDRESH W.P.No.29377 of 2015 M.Sekar

...Petitioner

- Vs -

1. The District Collector Erode District.

2. The Superintendent of Police, Erode District.

3. The Deputy Superintendent of Police Perundurai Circle Erode District.

4. The Tahsildar Erode Taluk, Erode District.

5. The Inspector of Police Erode Taluk Police Station Rangapalayam, Erode.

6. M.Jeganathan

7. K.Sathy (Respondents 6 and 7 impleaded as per order dated 29.09.2015 made in M.P.No.1 of 2015)

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus directing the respondents to provide the adequate protection to the petitioner and the families, those are praying the Mayavar Perumal as their family diety, conducting poojas and festival to the Mayavar Perumal temple situated

at Poolapalayam village, Kashpatettai, Erode District for the year 2015, on the basis of the petitioner's representation dated 31.08.2015 within time framed.

For Petitioner :

Mr.Rajanikanth For Respondents :

Mr.S.Diwakar (R1 to R5) Additional Government Pleader Mr.M.Guruprasad (R6 and R7)

O R D E R

Heard the learned counsel for the petitioner as well as the learned Additional Government Pleader appearing for the respondents 1 to 5 and the learned counsel appearing for the private respondents.

2. It appears to be a dispute between the two groups over the conduct of the temple festival. When the matter is taken up for hearing, the learned Additional Government Pleader appearing for the respondents 1 to 5 has produced a letter of the Revenue Tahsildar, Erode dated 28.09.2015, which indicates that a peace Committee meeting was conducted on 22.09.2015. As there was no compromise between the two groups it was adjourned to 28.09.2015. Unfortunately, even on that day there was no compromise arrived at between the parties and both the parties stated no objection for the Government to take over the temple and conduct the festival for this year.

3. This Court cannot go into the inter se dispute between the parties as the petitioner as well as the impleaded respondents have stated no objection before the Revenue Tahsildar, for the Government to take over the temple and conduct the festival for this year. Hence, Joint Commissioner, HR & CE is directed to take charge of the temple festival after calling both sides. In so far as the inter se dispute between the parties is concerned, including the right to conduct the pooja, the parties are at liberty to approach the jurisdictional Court to seek their remedy in the manner known to law. Sd/- Assistant Registrar(AS) //True Copy// Sub Assistant Registrar

arr To

1. The District Collector Erode District.

2. The Superintendent of Police, Erode District.

3. The Deputy Superintendent of Police Perundurai Circle Erode District.

4. The Tahsildar Erode Taluk, Erode District.

5. The Inspector of Police Erode Taluk Police Station Rangapalayam, Erode.

6. The Joint Commissioner, HR & CE, Erode.

1 CC to Mr.Rajanikanth, Advocate SR.No. 52982 1 CC to Mr.M.Guruprasad, Advocate SR.No. 52707 1 CC to the Government Pleader, SR.No. 52955 W.P.No.29377 of 2015 JSV (CO) PSI (01.10.2015)