Rm Chellappan Chettiar v. The Revenue Divisional Officer Cum Executive Magistrate

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2022

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN RM Chellappan Chettiar ... Petitioner Vs.

1.The Revenue Divisional Officer Cum Executive Magistrate, Pudukottai.

2.The Assistant Commissioner, HR & CE Department, Pudukottai.

3.The Deputy Superintendent of Police, Ponnamaravathi.

4.The Tahsildar, Tirumayam Taluk, 5.The Sub Inspector of Police, K.Puduppatti Police Station, 6.Solai Rajan 7.The President, Karamangalam Village Panchayat, Tirumayam Taluk,

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, restraining the official respondents from permitting the sixth respondent to conduct any festival in the Anjaneya Temple located in 162/6A of Kalanivasal Village, Karamangalam Firka, Thirumayam Taluk, Pudukkottai District.

For Petitioner : Mr.RM.Arun Swaminathan For R1 to R5 : Mr.P.Subbaraj Special Government Pleader For R6 : Mr.D.Malaichamy For R7 : Mr.I.Pinay Gash 1/3

ORDER

It appears that there is a private dispute between the petitioner and the 6th respondent. However, the present writ petition has been filed by the petitioner for a Mandamus to restrain the official respondents from permitting the 6th respondent to conduct any festival in Anjaneya Temple situated in 162/6A of Kalanivasal Village, Karamangalam Firka, Thirumayam Taluk, Pudukkottai District. Such a writ petition cannot be entertained. 2.The case of the petitioner is that the 6th respondent is encroaching the temple land, whereas it is the specific case of the 6th respondent that it is a private land of the 6th respondent and therefore, there is no merit in the present writ petition. As mentioned above, there is a private dispute between the petitioner and the 6th respondent.

Such disputes can be resolved only in a civil Court by establishing the title over the property. 3.Considering the above, I am inclined to dismiss this writ petition by giving liberty to the petitioner to workout the remedy before the civil Court as expeditiously as possible. 4.The writ petition stands dismissed, in terms of the above observation. No costs.

Sd/- Assistant Registrar (Writs) // True Copy // / /2022 Sub Assistant Registrar(CS) mm To 1.The Revenue Divisional Officer Cum Executive Magistrate, Pudukottai.

2.The Assistant Commissioner, HR & CE Department, Pudukottai.

3.The Deputy Superintendent of Police, Ponnamaravathi.

4.The Tahsildar, Tirumayam Taluk, 2/3

5.The Sub Inspector of Police, K.Puduppatti Police Station, +1 CC to M/s.D. MALAICHAMY, Advocate ( SR-22625[F] dated 29/04/2022 ) +1 CC to M/s.SPL.GP ( SR-23231[F] dated 02/05/2022 ) 28.04.2022 MGJ(26.05.2022) 3P 8C 3/3