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Madras High CourtWP/14278/2013closed

Mr.M.Nallathambi, v. The District Collector,

2016-09-26Honourable Mr Justice M. Jaichandren4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.09.2016

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN W.P.No.14278 of 2013 and M.P.No.1 of 2013 M.Nallathambi .. Petitioner Vs.

1.The District Collector, 2.Revenue Divisional Officer, Perambalur, Perambalur District.

3.The Tahsildar, Alathur Taluk Perambalur, Perambalur District.

4.The Superintendent of Police, Perambalur, Perambalur District.

5.The Deputy Superintendent of Police, Perambalur, Perambalur District.

6.The Inspector of Police, Padalur Police Station, 7.Ramasamy 8.Nallathambi S/o.Marudhamuthu 9.Nallathambi S/o.Nallathambi .. Respondents

The writ petition is filed under Article 226 of the Constitution of India praying for the issue of a writ of mandamus, directing the respondents 1 to 6 to consider the petitioner's representation, dated 9.5.2013 and to take suitable legal action in accordance with law against respondents 7 to 9. For Petitioner : Dr.G.Krishnamurthy For Respondents : Mr.K.Rajendra Prasad, AGP for RR1 to 6 Mr.G.Padmanaban for RR7 to 9

ORDER

Heard.

This writ petition has been filed by the petitioner, praying that this Court may be pleased to issue a Writ of Mandamus, directing the respondents 1 to 6 to consider the representation of the petitioner, dated 9.5.2013, and to take suitable legal action against respondents 7 to 9, in accordance with law.

The petitioner had stated that his father had established a number of temples, in Kottarai village, Alathur Taluk, Perambalur District. Even though the petitioner is one of the trustees authorised to manage the temples, a number of persons of the said village are opposing the petitioner, with regard to conducting of the festivals, relating to the said temples. Therefore, he had filed the present writ petition, seeking protection from those who are opposing the authority of the petitioner in conducting the said festivals. The learned counsel appearing on behalf of the respondents 7 to 9 had submitted that the petitioner had filed a writ petition, specifically, with regard to the car festival, which was scheduled to be held during the months of May and June, 2013.

He had also stated that the petitioner is not the trustee of the temples in question. He had further submitted that there are litigations pending in various courts of law, relating to the temples in question. The learned counsel had further submitted that the car festival, relating to the temples in question, had already taken place, during the months of May and June, 2013 and therefore, the writ petition had become infructuous.

The learned counsel appearing on behalf of the respondents 1 to 6 had submitted that if any dispute arise with regard to the temples in question, it would be open to those who are connected with the said temple, to approach the authorities concerned, for a suitable action to be taken, in accordance with law.

In view of the submissions made by the learned counsels appearing on behalf of the parties concerned, this Court is of the view that no further orders are necessary in the present writ petition. If any dispute arises with regard to the festivals of the temples in question, it may be open to the parties concerned to approach the appropriate authorities, for a suitable action to be taken, in accordance with law. Accordingly, the writ petition stands closed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar vvk To 1.The District Collector, 2.Revenue Divisional Officer, Perambalur, Perambalur District.

3.The Tahsildar, Alathur Taluk Perambalur, Perambalur District.

4.The Superintendent of Police, Perambalur, Perambalur District.

5.The Deputy Superintendent of Police, Perambalur, Perambalur District.

6.The Inspector of Police, Padalur Police Station, +1cc to the Government Pleader Sr.55034 +1cc to M/S.M.Gnanasekar, Advocate Sr.54943 +1cc to M/S.Dr.G.Krishnamurthy, Advocate Sr.54765 W.P.No.14278 of 2013 sai[co] srg 03/11/2016