Madras High CourtWP(MD)/510/2018disposed of

R.Nallaperumal Ambalam, v. The District Collector

2018-01-12Honourable Mr Justice P. Rajamanickam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.01.2018

CORAM

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM W.P.(MD) No.510 of 2018 R.Nallaperumal Ambalam

...Petitioner

Vs.

1.The District Collector, 2.The Superintendant of Police, Madurai District.

3.The Tahsildar, Melur District, 4.The Inspector of Police, Melur Police Station, 5.Pandi R5 has been impleaded vide order dated 12.01.2018 passed by this Court in W.M.P.(MD) No.959 of 2018 in W.P.(MD) No.510 of 2018.

...Respondents

PRAYER: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, restraining the respondents from granting permission to conduct Thai Pongal Vizha at Sri Nondichamy Aligiamman Temple at Keeranur, Valayarpatti Village on 16.01.2018 without implementing the judgment and decree passed in O.S.No.186 of 2007 and in consideration of the representation of the petitioner dated 07.01.2018.

For Petitioner :Mr.R.Maheswaran For R1 to R4 :Mr.V.Anand Government Advocate For R5 :Mr.A.Arumugam ***

O R D E R

This writ petition has been filed to restrain the respondents for granting permission to conduct Thai Pongal Vizha at Sri Nondichamy Aligiamman Temple at Keeranur, Valayarpatti Village, Melur Taluk, Madurai District on 16.01.2018 without implementing the judgment and decree passed in O.S.No.186 of 2007 on the file of the District Munsif, Court, Melur, Madurai. 2.The learned counsel for the petitioner submitted that already the petitioner has filed a suit in O.S.No.

186 of 2007 on the file of the District Munsif Court, Melur, Madurai for giving first respect in respect of the Festival celebrating at Keeranur, Valayarpatti Village, Melur Taluk, Madurai and the said suit has been decreed in favour of the petitioner, but without considering the said decree, the respondents are giving permission to the other people for performing the celebration of Festival. 3.The learned counsel for the 5th respondent submitted that against the said judgment and decree passed in O.S.No.186 of 2007 on the file of the District Munsif Court, Melur, Madurai, an appeal has been filed and the same is pending before the Sub Court, Melur, Madurai.

4.The learned Government Advocate appearing for the respondents 1 to 4 submitted that if both parties give a fresh representation to the respondents, the respondents will consider the same and pass appropriate orders.

5.Considering the aforesaid submission, both the parties are directed to submit fresh representations before the 4th respondent and after receiving the same, the 4th respondent is directed to consider the same and pass appropriate orders on merits in accordance with law.

6.The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar (CS-II) /True copy/ Sub Assistant Registrar To 1.The District Collector, 2.The Superintendant of Police, Madurai District.

3.The Tahsildar, Melur District, 4.The Inspector of Police, Melur Police Station, +1cc to Mr.R.MAHESWARAN,Advocate,SR. 42233 W.P.(MD) No.510 of 2018 12.01.2018 MM KK/SKN RSK/SAR 1/12.01.2018/ 3P- 6C/