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Madras High CourtWP/39174/2024dismissed

Senthilkumar v. The District Collector

2024-12-19Honourable Mr Justice S. Sounthar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 19.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR W.P.No.39174 of 2024 Senthilkumar ... Petitioner Vs.

1. The District Collector, Perambalur District, Perambalur.

2. The District Revenue Officer, O/o District Revenue Office, Perambalur District, Perambalur.

3. The Revenue Divisional Officer, O/o Revenue Divisional Office, Perambalur District, Perambalur.

4. The Tahsildar, Taluk Office, Perambalur District, Perambalur.

5. The Assistant Commissioner, Board of Trustees, HR & CE Department, Perambalur District, Perambalur.

6. The Executive Officer, Arulmigu Egambareswarar and Dhandayuthapani Swami Temple, HR & CE Department, Chettikulam, Perambalur District.

... Respondents

Prayer: Writ petition filed under Article 226 of Constitution of India seeking for issuance of Writ of Mandamus, directing the respondents to consider and pass orders on the representation dated 09.12.2024 of the petitioner.

For Petitioner : Mr.V.Lakshmi Narayanan For Respondents : Mr.G.Ameediaz, Government Advocate for respondents 1 to 4 Mr.N.R.R.Arun Natarajan, Special Government Pleader for respondents 5 and 6.

ORDER

This writ petition is filed seeking a direction to the respondents to consider the representation of the petitioner dated 09.12.2024.

2. It is the case of the petitioner that there is a temple, namely Sri Thempadiamman, Varagupadiamman and Sri Uilardaiyan Swamy Temple in Kallagampatti Village, Perambalur Taluk and District. The Kumbabasegam of the temple was performed with the cooperation of the village residents on 28.08.2024, in the presence of HR & CE officials. It is further stated by the petitioner that some people, who are

not the residents of the Village distributed pamphlets, as if they are going to enter into the temple on 20.12.2024 which would create the communal tension and unrest over the peoples residing in the village. Apprehending the same, the petitioner submitted a representation on 09.12.2024 before the respondents and the same has not been considered. Hence the petitioner has come before this court.

3. All the persons having faith in the deity are entitled to enter the temple and the petitioner cannot be aggrieved by the same. Even a non resident of the village is entitled to enter the temple and have worship of the deity. The present writ petition has been filed by the petitioner on a apprehension that there will be some unrest. Since the writ petition has been filed by the petitioner on apprehension, this court is not inclined to issue any positive direction to the respondents to consider the representation of the petitioner. Entering the temple and having worship of the deity is a right available to all the persons, including a non resident of the village. Therefore, this writ petition has no merits and hence, the same cannot be entertained.

4. Accordingly, this writ petition is dismissed. There shall be no order as to costs.

19.12.2024 Index:Yes/No Internet:Yes/No mst To

1. The District Collector, Perambalur District, Perambalur.

2. The District Revenue Officer, O/o District Revenue Office, Perambalur District, Perambalur.

3. The Revenue Divisional Officer, O/o Revenue Divisional Office, Perambalur District, Perambalur.

4. The Tahsildar, Taluk Office, Perambalur District, Perambalur.

5. The Assistant Commissioner, Board of Trustees, HR & CE Department, Perambalur District, Perambalur.

6. The Executive Officer, Arulmigu Egambareswarar and Dhandayuthapani Swami Temple, HR & CE Department, Chettikulam, Perambalur District.

S.SOUNTHAR, J.

mst W.P.No.39174 of 2024 19.12.2024