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Madras High CourtWP/14240/2024disposed of

Nataraj v. The District Collector

2024-05-24Honourable Mr Justice C. Saravanan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.05.2024

CORAM

THE HON'BLE MR. JUSTICE C.SARAVANAN and W.M.P.Nos.15428 & 15429 of 2024 Nataraj ... Petitioner Vs.

1. The District Collector, Dharmapuri District, Dharmapuri.

2. The Revenue Divisional Officer cum Sub Divisional Administrative Magistrate, Dharmapuri.

3. The Tahsildar, Pennagaram Taluk, Dharmapuri District.

4. The Assistant Commissioner, Hindu Religious and Charitable Endowments Board, Dharmapuri.

5. The Inspector of Police, Papparapatti Police Station, Dharmapuri District.

6. Chinnaraji

7. Kamaraj ... Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the order of the second respondent dated 13.05.2024 and to quash the same and consequently direct the second and third respondents to permit the petitioner to conduct the temple festival of Mariamman and Muniappan temple situated at Malaiyur Village, Pikkeli Post, Pennagaram Taluk, Dharmapuri District on 03.06.2024 to 05.06.2024 together with the assistance of the fourth and fifth respondents. For Petitioner :Mr.Umashankar for Mr.G.Selvaraj For R1 to R5 : Mr.S.Vinoth Kumar Government Advocate (Crl.Side)

O R D E R

This Writ Petition has been filed to issue a Writ of Certiorarified Mandamus, to call for the records relating to the order of the second respondent dated 13.05.2024 and to quash the same and consequently direct the second and third respondents to permit the petitioner to conduct the temple festival of Mariamman and Muniappan temple situated at Malaiyur Village, Pikkeli Post, Pennagaram Taluk,

Dharmapuri District on 03.06.2024 to 05.06.2024 together with the assistance of the fourth and fifth respondents.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the official respondents and perused the materials available on record.

3. The petitioner has impugned the order passed by the second respondent on 13.05.2024, rejecting the request of the petitioner to conduct the Temple festival on the ground that there is possibility of law and order problem, as parties are fighting.

4. Learned counsel for the petitioner drew the attention of this Court to the order passed in W.P.No.19934 of 2023, dated 12.07.2023, and submitted that similar order may be passed, in order to conduct Temple festival peacefully in the presence of the Police.

5. Since there is no adverse order passed against the private respondents, notice to the private respondents is dispensed with.

6. Considering the submission made by the learned counsel for the petitioner and the respondents and as there is a possibility of violence and law and order problem situation in the Temple festival to be held on 03.06.2024 to 05.06.2024, this Court is of the view, there can be a positive direction to the Police Department to provide adequate reinforcement, pursuant to the said order of this Court dated 12.07.2023 passed in W.P.No.19934 of 2023, so that the Temple festival shall be conducted without any law and order problem. It is needless to say that since the Temple attracts sizeable number of devotees, the same may be taken over by the TN HR&CE Department, so that the Temple festivals are conducted in proper manner in future. If any additional costs are incurred by the Police Department, the same shall be borne by the petitioner.

7. With the abovesaid direction, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

24.05.2024 mfa Index:Yes/No Speaking Order: Yes/No To

1. The District Collector, Dharmapuri District, Dharmapuri.

2. The Revenue Divisional Officer cum Sub Divisional Administrative Magistrate, Dharmapuri.

3. The Tahsildar, Pennagaram Taluk, Dharmapuri District.

4. The Assistant Commissioner, Hindu Religious and Charitable Endowments Board, Dharmapuri.

5. The Inspector of Police, Papparapatti Police Station, Dharmapuri District.

C.SARAVANAN, J.

mfa and W.M.P.Nos.15428 & 15429 of 2024 24.05.2024