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Madras High CourtWP/25797/2023disposed of

Palanisamy v. The District Collector

2023-09-01Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.09.2023 CORAM :

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.No.25234 of 2023 Palanisamy .. Petitioner

Versus

1. The District Collector,

2. The Sub-Collector, Dharapuram, Thirupur district.

3. The Revenue Divisional Officer, Dharapuram,

4. The Tahsildar, Dharapuram,

5. The Superintendent of Police,

6. The Deputy Superintendent of Police, Dharapuram,

7. The Inspector of Police, 1/6

Moolanur Police Station,

8. The Administrative, Sri Annakamatchi, Sri Masi Periyasamy Temple, Tharapuram Taluk,

9. Karuppusamy

10. Periyasamy ..Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 7 to take action against the respondents 9 and 10 for ex-communicating the petitioner and his family from their temple and consequently directing the respondents 1 to 7 to protect the right of the petitioner and his family to participate and perform our customary rights, etc., in the festival of Sri Annakamatchi & Sri Masi Periyasamy Temple, Mooktharichampalayam, Tharapuram Taluk, Thirupur District on 04.09.2023 and other subsequent festivals in feature. For Petitioner : Mr.R.Venkatesh For Respondents : Mr.A.Damodaran, Additional Public Prosecutor, for RR-1 to 7

ORDER

This Writ Petition has been filed for a direction to the respondent Police to take action on the representation made by the petitioner and to 2/6

permit the petitioner and his family to participate in the temple festival to be conducted on 04.09.2023.

2. The learned Additional Public Prosecutor, on instructions, submitted that the entire dispute has now been referred to the R.D.O, Dharapuram under Section 107 of Cr.P.C., and both parties have been directed to attend an enquiry and till the enquiry is completed, no one will be permitted to conduct the festival.

3. In view of the above, unless the parties come together and conduct the temple festival peacefully, they have to necessarily await for the final decision to be taken by the R.D.O after enquiry.

4. This Writ Petition is disposed off in the above terms. No costs. Consequently, connected miscellaneous petition is closed. 01.09.2023 Index : yes/no Speaking order/Non-speaking order : yes/no grs 3/6

Note : Issue order copy today.

To

1. The District Collector,

2. The Sub-Collector, Dharapuram, Thirupur district.

3. The Revenue Divisional Officer, Dharapuram,

4. The Tahsildar, Dharapuram,

5. The Superintendent of Police,

6. The Deputy Superintendent of Police, Dharapuram,

7. The Inspector of Police, Moolanur Police Station,

8. The Public Prosecutor, High Court of Madras.

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N.ANAND VENKATESH, J.

grs and W.M.P.No.25234 of 2023 01.09.2023 6/6