Raghupathi v. The Tahsildar (Taluk Administrative Magistrate)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.09.2024
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and W.M.P.No.28056 of 2024 Raghupathi ... Petitioner Vs.
1.
The Tahsildar (Taluk Administrative Magistrate) Taluk Office, Palacode Taluk, Dharmapuri District.
2.
The Revenue Inspector, Taluk Office, Palacode Taluk, Dharmapuri District.
3.
The Village Administrative Officer, Karagathahalli Village, Erranahalli Post, Palacode Taluk, Dharmapuri District, 4.
Inspector of Police, Palacode Police Station, Dharmapuri District.
5.
Ganesan ... Respondents 1/6
Prayer:
Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records from the file of the 1st respondent relating to Na.Ka.No.1422/2024/A1 dated 19.07.2024 and quash the same and consequently to direct the 1st respondent to grant permission to conduct temple festival along with police protection at Arulmigu Sri Muthumariamman Tirukoil situate at TN-HB, Kdamadai, Palacode Taluk, Dharmapuri District scheduled to be held on 09.09.2024 to 11.09.2024.
For Petitioner : Mr.D.Rameshkumar For Respondents : Mr.K.M.D.Muhilan Government Advocate (Crl.Side) for R1 to R4 Mr.V.Sivaraman for R5
O R D E R
This writ petition is filed seeking to issue certiorarified mandamus to quash the proceedings of the first respondent/Tahsildar, dated 19.07.2024 and to permit the petitioner herein to conduct Temple festival with police protection.
2. The case of the petitioner is that Arulmighu Sri Muthumariamman Thirukovil situated in Tamil Nadu Housing Board, 2/6
Kadamadai, Palacode Taluk, Dharmapuri District, is administered by the members of residence in the locality and the annual Temple festival has been carried on for more than 40 years. The people of the Temple are decided to celebrate the festival during July, and there was objection by the group led by the fifth respondent and therefore, a peace committee meeting was held by the first respondent/Tahsildar. While the members of the fifth respondent agreed for conducting Temple festival, since they have made all arrangements to conduct Temple festival between 22.07.2024 and 23.07.2024, the same was objected by the members of the 'B' party headed by the petitioner and that the decision for conducting festival can be taken after 18th day of Aadi month (Tamil calendar). Hence, the Tahsildar has decided to fix a date for conducting the festival after 18th day of Aadi month (Tamil calendar). The petitioner herein now submits that the said order of the Tahsildar has to be quashed and he must be permitted to conduct the festival.
3. However, the learned counsel appearing for the fifth respondent submits that the petitioner herein being a tainted person, there is an allegation against him for swindling the public money, and therefore, he and his associates cannot be unilaterally conducting the Temple festival. 3/6
4. Learned Government Advocate (Crl.Side) appearing for the respondents 1 to 4 submits that both the parties together agreed for conducting the Temple festival jointly and necessary permission will be granted.
5. In the light of the above facts, this Writ Petition is disposed of, directing the first respondent/Tahsildar to convene meeting again and fix a date for conducting the Temple festival, taking into consideration the convenience and consent of both the parties. There shall be no order as to costs. Consequently connected miscellaneous petition is closed. 13.09.2024 Index: Yes/No Speaking Order/Non-Speaking Order ms 4/6
To 1.
The Tahsildar (Taluk Administrative Magistrate) Taluk Office, Palacode Taluk, Dharmapuri District.
2.
The Revenue Inspector, Taluk Office, Palacode Taluk, Dharmapuri District.
3.
The Village Administrative Officer, Karagathahalli Village, Erranahalli Post,Palacode Taluk, Dharmapuri District, 4.
The Inspector of Police, Palacode Police Station, Dharmapuri District.
5.
The Public Prosecutor, High Court, Madras.
5/6
Dr.G.JAYACHANDRAN, J.
ms 13.09.2024 6/6