Madras High CourtWP/15322/2020dismissed

C.Mayavel v. The District Collector

2020-10-22Honourable Mr Justice C. Saravanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.10.2020

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.NO.15322 OF 2020 AND W.M.P.NO.19158 OF 2020 C.Mayavel, ... Petitioner Vs

1. The District Collector,

2. The Revenue Divisional Officer,

3. The Thasildar, Pernambut, Vellore District.

4. The Superintendent of Police,

5. The Inspector of Police, Pernambut, Vellore District.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the first to fifth respondents to give permission to the Petitioner to conduct Navarathri Pooja and Full Moon Pooja Schedule to be held from 17.10.2020 to 26.10.2020 and 31.10.2020 at Gangaiyamman Temple situated at Natham Land in S.No.6A/1 at Melvaithinankuppam Village, Pernampattu Taluk.

For Petitioner : Mr.Udayakumar for Ms.S.Premkumari For Respondents : Mr.S.Thangavel Special Government Pleader

ORDER

This Writ Petition has been filed by the Petitioner, to direct the first to fifth respondents to give permission to the

Petitioner to conduct Navarathri Pooja and Full Moon Pooja Schedule to be held from 17.10.2020 to 26.10.2020 and 31.10.2020 at Gangaiyamman Temple situated at Natham Land in S.No.6A/1 at Melvaithinankuppam Village, Pernampattu Taluk.

2. According to the Petitioner, the dispute pertains to the private temple which was built by his (the petitioner's) father and later, demolished by him after spending a huge amount. He further submits that the officials have colluded with the private parties and have taken over the keys of the temple and are not allowing poojas to be conducted though Navarathri Pooja is being celebrated.

3. The learned Special Government Pleader appearing for the respondents submits that the petitioner had earlier filed writ petition W.P.No.14983 of 2020 and where private parties were also made party respondents in the said writ petition. He further submits that the petitioner has also filed a suit for the relief under Order VII Rule I and Section 26 of C.P.C, to declare the possessory right and title over the temple mentioned in the schedule and other relief in O.S.No.78 of 2020. He further submits that a Peace Committee was constituted and a meeting was held on 09.10.2020 and 10.10.2020 pursuant to which the poojas is held under the supervision of this Committee. He further submits that the petitioner and his family will be allowed to participate in the pooja with police protection.

4. Considering the same, I do not find any merits in the present writ petition. It is noticed that the petitioner has suppressed these facts. The present writ petition ought not to have been filed in the light of the earlier writ petition in W.P.No.14983 of 2020.

5. Therefore, the present Writ Petition is liable to be dismissed and accordingly it is dismissed. No cost. Consequently, the connected writ miscellaneous petition is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar arb/jen To