Madras High CourtWP(MD)/818/2023disposed of

Selvakumar.M v. The District Collector

2023-02-03Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.02.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN M.Selvakumar ... Petitioner Vs.

1.The District Collector, Madurai District.

2.The Revenue Divisional Officer, Thirumangalam, Madurai District.

3.The Tahsildar, Thirumangalam, Madurai District.

4.The Inspector of Police, Nagaiyapuram Police Station, Thirumangalam Taluk, Madurai District.

5.K.Duraipandi Poosari ... Respondents (R5 is impleaded vide Court order, dated 31.01.2023, in W.M.P(MD)No.1394 of 2023 in W.P(MD)No.818 of 2023) PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the third respondent to consider the petitioner representation for objection on 04.01.2023 and direct the third respondent not to lock the Petchi Viruman Temple situated at M.Perumalpatty 1/4

Village, Mathipanor, Thirumangalam Taluk, Madurai District and to pass as such further or other orders as this Court.

For Petitioner : Mr.J.Mathesh For R-1 to R-3 : Mr.G.Suriyananth Additional Government Pleader For R-4 : Mr.B.Thanga Aravindh Government Advocate (Crl. Side) For R-5 : Mr.R.Murali

ORDER

Heard the learned Counsel on either side.

2. The subject matter pertains to the affairs of the petition mentioned Temple. There is a rival claim regarding who can function as poosari. It is not for the writ Court to adjudicate such factually contentious issues. The only relief that can be granted is that the revenue authorities as well as the jurisdictional police will keep away from the issue. The Temple in question shall not be locked. The Temple should be kept open for general worship. Of course if any law and order problem arises or any crime is committed, it is always open to the concerned authorities to take action as per law. This writ petition stands disposed of accordingly. There shall be no order as to costs. 03.02.2023 2/4

NCC : Yes / No Index : Yes / No Internet : Yes / No Btr Note: Issue order copy on 06.02.2023.

To 1.The District Collector, Madurai District.

2.The Revenue Divisional Officer, Thirumangalam, Madurai District.

3.The Tahsildar, Thirumangalam, Madurai District.

4.The Inspector of Police, Nagaiyapuram Police Station, Thirumangalam Taluk, Madurai District.

3/4

G.R.SWAMINATHAN, J.

Btr 03.02.2023 4/4