Ulagath Thamizhar Peramaippu v. The Chief Secretary,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.10.2023

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN and M.P.(MD).No.1 of 2013 Ulagath Thamizhar Peramaippu Trust, Represented by its Chairman Pala Nedumaran .. Petitioner Vs.

1.The Chief Secretary, Secretariat Building, 2.The Home Secretary, 3.The Revenue Secretary, 4.The District Collector,

5.The Superintendent of Police, 6.The President, Tanjore Panchayat Union, Vilar Village Panchayat, Tanjore District.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, forbearing the respondents, men or agent claiming under them from in any way interfering with the day to day affairs of the petitioner Trust and their memorial namingly "Mullivaaikkaal Martyrs Memorial" established with the permission of the 4th and 6th respondents situated at Pappa Nagar, Villar Village, Tanjore Panchayat Union, Tanjore District without any reasonable basis including that of the petitioner's lawful activities in their premises, consequently restraining the respondents from in any way harassing, threatening and taking coercive action against the persons involved in the establishment of the "Mullivaaikkaal Martyrs Memorial" without following the due process of law.

For Petitioner : M/s.M.Nila for M/s.KBS Law Associates For R-1 to R-5 : Mr.N.Satheesh Kumar Additional Government Pleader For R-6 : No appearance

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM,J.) The Writ Petition has been instituted to forbear the respondents, men or agent claiming under them from in any way interfering with the day to day affairs of the petitioner Trust and their memorial namingly "Mullivaaikkaal Martyrs Memorial" established with the permission of the 4th and 6th respondents situated at Pappa Nagar, Villar Village, Tanjore Panchayat Union, Tanjore District without any reasonable basis including that of the petitioner's lawful activities in their premises, consequently restraining the respondents from in any way harassing, threatening and taking coercive action against the persons involved in the establishment of the "Mullivaaikkaal Martyrs Memorial" without following the due process of law.

2. It is needless to state that the petitioner Trust is bound to function in consonance with the statutes and rules in force and in accordance with the Trust deed. Therefore, the authorities have no role to play unless

violations of statutes or rules are identified by the authorities. Thus, the relief sought for in the Writ Petition has lost its relevance on account of efflux of time. If any grievance exists, the petitioner is at liberty to approach the competent authority in the manner known to law.

3. Accordingly, the Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition stands closed.

(S.M.S.,J.) (V.L.N.,J.) 30.10.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm To 1.The Chief Secretary, Secretariat Building, 2.The Home Secretary,

3.The Revenue Secretary, 4.The District Collector, 5.The Superintendent of Police,

S.M.SUBRAMANIAM,J.

and V.LAKSHMINARAYANAN,J.

Lm 30.10.2023