Madras High CourtWP(MD)/3847/2024disposed of

Vinayakamoorthy Achari. P v. The District Collector

2024-02-21Honourable Mr Justice G.R.Swaminathan5 pages

1 W.P.(MD)NO.3847 OF 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.02.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.3847 of 2024 AND W.M.P.(MD)No.3736 of 2024 P.Vinayakamoorthy ... Petitioner Vs.

1. The District Collector, O/o.the District Collector, Madurai District.

2. The Revenue Divisional Officer, O/o.the Revenue Divisional Officer, Usilampatti, Madurai District.

3. The Tahsildar, Tahsildar Office, Peraiyur, Madurai District.

4. The Superintendent of Police, O/o.the Superintendent of Police, Madurai, Madurai District.

5. The Deputy Superintendent of Police, O/o.the Deputy Superintendent of Police, Peraiyur Sub-Division, Madurai District.

6. The Inspector of Police, Villur police station, Madurai District.

7. Pavunraj Achari 1/4

2 W.P.(MD)NO.3847 OF 2024

8. Guru Achari 9.Muthaiah Achari 10.Karuppasamy Achari ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, by directing the 1st to 3rd respondents herein to grant permission and the 4th to 6th respondents to provide police protection to Installation of Statue Sree Periya Karuppasamy upon the petitioner's representation dated 22.12.2023 and 14.02.2024 with respect to opening of the temple namely Kavasakottai Arulmigu Sree Periya Karuppasamy Thirukovil situated in Kavasakottai Village, T.Kallupatti Taluk, Madurai District for general public use as expeditiously as possible within the time frame as fixed by this Court. For Petitioner : Mr.D.Rajaboopathy For R-1 to R-3 : Mr.M.Lingadurai, Special Government Pleader.

For R-4 to R-6 : Mr.A.Albert James, Government Advocate.

* * *

O R D E R

Heard the learned counsel appearing for the writ petitioner and the learned Special Government Pleader appearing for the official respondents.

2. I am more than convinced that the issue is only with the private respondents. There is no issue between the writ petitioner and the 2/4

3 W.P.(MD)NO.3847 OF 2024 authorities. Therefore, invoking writ jurisdiction appears to be misconceived. The petitioner's remedy is elsewhere. He can approach the jurisdictional civil Court for restraining the private persons from interfering with the proposed religious celebrations. He can also invoke the aid of the District Administration. The writ Court cannot come to the petitioner's rescue at this stage. Leaving open the petitioner's rights and remedies, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

21.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU 3/4

4 W.P.(MD)NO.3847 OF 2024 G.R.SWAMINATHAN,J.

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