Sri Thanthoni Amman Devasthanam v. The Executive Magistrate Cum

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.07.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.20175 of 2022 and W.M.P.Nos.19403 and 19405 of 2022 Sri Thanthoni Amman Devasthanam Charitable Trust, Rep. by its Secretary, P.Gopalrathinam 20, C Varadhappan Street, OliMohamedpet, Kanchipuram- 631 502.

...Petitioners

Vs.

1.The Executive Magistrate Cum Revenue Divisional Officer, Office of the District Collector, Kanchipuram- 631 502.

2 The Tahsildar Kanchipuram Taluk, Kanchipuram District- 631 502.

3 The Inspector of Police, D1 Sivakanchi Police Station, Kanchipuram 631 502.

4 Radhakrishnan ... Respondents 1/5

PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records on the file of the 1st respondent in his proceedings Na.Ka.No.2031 / 2022 / A1 dated 26.07.2022 and that of the 3rd respondent in his proceedings Na.Ka.No.10 / Ka.Aa/ B1.Ka. Ni / Mu.A / 2022 dated 28.07.2022 and quash the same as illegal incompetent and without jurisdiction and further direct the 1 to 3 respondents to permit the petitioner trust to perform the "Aadi Festival" for the year 2022. For Petitioners : Mr.Avinash Wadhwani for Ms.Srimathi.V For Respondents : Mr.A.Gopinath (R1 to R3) Government Advocate (Crl. Side)

O R D E R

This Writ Petition has been filed challenging the proceedings of the 1st respondent, dated 26.07.2022 and the 3rd respondent dated 28.07.2022 and for a consequential direction to the respondents to permit the petitioner to perform Aadi Festival for the year 2022.

2. Heard Mr.Avinash Wadhwani, learned counsel for the petitioner and Mr.A.Gopinath, learned Government Advocate (Crl. Side) appearing for the respondents 1 to 3.

2/5

3. In the considered view of this Court, the orders passed by the 1st and 3rd respondent pertains to the year 2022 considering the situation prevailing at the relevant point of time. The festival itself is over in 2022. In view of the same, it is not necessary to go into the merits of the case.

4. In view of the above, it is left open to the petitioner to make necessary representation / application before the respondents for conducting festival during this year and if such application is made, the respondents shall take into consideration the merits of the claim made by the petitioner and the rival parties and a decision shall be taken in accordance with law within a period of 10 days from the date of receipt of the representation from the petitioner.

5. This Writ Petition is disposed of in the above terms. No costs. Consequently, connected miscellaneous petitions are closed. 05.07.2023 Speaking Order/Non-Speaking Order Index: Yes/No vum 3/5

To 1.The Executive Magistrate Cum Revenue Divisional Officer, Office of the District Collector, Kanchipuram- 631 502.

2 The Tahsildar Kanchipuram Taluk, Kanchipuram District- 631 502.

3 The Inspector of Police, D1 Sivakanchi Police Station, Kanchipuram 631 502.

4/5

N.ANAND VENKATESH.J., vum W.P.No.20175 of 2022 and W.M.P.Nos.19403 and 19405 of 2022 05.07.2023 5/5