R.Marimuthu v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.02.2025

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL R.Marimuthu ... Petitioner Vs.

1.The Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

2.The Inspector, Aviyoor Police Station, Virudhunagar District.

3.P.Ravi 4.G.Muthuiah 5.P.Ananthamurugan 6.G.Kathiravan ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to conduct a proper enquiry on the basis of the petitioner's representation, dated 11.08.2024 to prevent law and order problem at 1/6

Arulmigu Karkuvel Ayyanar Temple, Kambikudi Village, Kariapatti Taluk, Virudhunagar District and pass such further or other orders as this Court.

For Petitioner : Mr.R.G.Shankar Ganesh For R-1 : Mr.M.Senthil Ayyanar Government Advocate For R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor For R-5 : Mr.R.Senthil Kumar

ORDER

The present petition has been filed for issuance of Writ of Mandamus directing the first respondent to conduct a proper enquiry on the basis of the petitioner's representation, dated 11.08.2024 to prevent the law and order problem at Arulmigu Karkuvel Ayyanar Temple, Kambikudi Village, Kariapatti Taluk, Virudhunagar District.

2. According to the petitioner, the Temple situated in Kambikudi Village, namely, Arulmigu Karkuvel Ayyanar Temple is the clan deity to the petitioner and others. While so, there are some difference of opinion 2/6

between the parties in respect of managing the Temple. The private respondents are causing disturbance to the public and the devotees from worshipping the deity. Therefore, they lodged a complaint. The fifth respondent family members are indulging illegal activities to usurp the Temple properties. Therefore, in order to take necessary action, the petitioner sent a representation, dated 11.08.2024 to the respondents 3 to 6 to conduct enquiry. However, the first respondent directed the petitioner to gave a complaint before the second respondent through communication, dated 22.08.2024. Thereafter, the petitioner filed a complaint before the second respondent on 31.08.2024 but no action was taken. Therefore, this petition is filed to direct the first respondent to conduct a proper enquiry on the basis of the representation, dated 11.08.2024.

3. The learned Government Advocate appearing for the first respondent would submit that the representation, dated 11.08.2024 is under consideration and they will issue notice to all the interested parties and will enquire the matter and pass suitable orders in accordance with law.

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4. The learned Additional Public Prosecutor appearing for the second respondent would submit that they have not received any complaint from the petitioner. Already the petitioner sent a representation to the Chief Minister Cell and the same was forwarded to the second respondent and the same was closed on 28.01.2025. Apart from that, they have not received any complaint from the petitioner.

5. The learned Counsel appearing for the fifth respondent seeks adjournment to file counter. But considering the limited scope of prayer sought for in this petition and the same is only to consider the representation, this Court without issuing notice to other private respondents, inclined to dispose the writ petition.

6. Since the representation of the petitioner is under consideration by the first respondent, it is for him to conduct proper enquiry and dispose of the representation, dated 11.08.2024. 4/6

7. Accordingly, the first respondent is directed to dispose the representation of the petitioner, dated 11.08.2024 within a period of two

(2) weeks from the date of this order.

8. With the above said directions, this writ petition stands disposed of. There shall be no order as to costs.

20.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

2.The Inspector, Aviyoor Police Station, Virudhunagar District.

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P.DHANABAL, J.

BTR 20.02.2025 6/6