Veeraiah v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.03.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.4968 of 2024 Veeraiah ... Petitioner Vs.

1.The District Collector,, Sivagangai District, Sivagangai.

2.The District Revenue Officer, Sivagangai, 3.The Revenue Divisional Officer, Kalaiyarkovil Division, 4.The Tahsildar, Kalaiyarkovil Taluk, 5.Kuppamuthu 6.Saathan 7.The Inspector of Police,, Kalaiyarkovil Police Station, ... Respondents (R7 is suo motu impleaded vide order dated 05.03.2024 in W.P.(MD)No.5178 of 2024 by GRSJ) 1/4

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent to issue suitable directions to the 4th respondent to take necessary action and retain the key of the temple namely Sri Maha Kaliyamman Kovil situated at Sundankurichi Village, Periyakannanur Post, Kalaiyarkovil Taluk, Sivagangai District based on the petitioner's representation dated 26.02.2024. For Petitioner : Mr.C.Ezhilarasu, For Mr.S.Pakalavan.

For Respondents : Mr.A.Kannan, Addl. Government Pleader for R1 to R4.

Mr.Albert James, Govt. Advocate (Crl. Side) for R7.

No appearance for R5 & R6.

ORDER

Heard the learned counsel for the writ petitioner, the learned Additional Government Pleader for the respondents 1 to 4 and the learned Government Advocate (Crl. Side) for the seventh respondent. Even though the respondents 5 and 6 were intimated by the jurisdictional police about the listing of this case, they have not chosen to enter appearance.

2.Even though the petitioner would make very many prayers, I am not in a position to grant all of them. The Writ Court cannot decide who will be the 2/4

poojari. The only relief that is now given is that the petition mentioned temple shall be kept open from 06.00 am on 07.03.2024 till 06.00 am on 09.03.2024. In other words, throughout the day on 07.03.2024 and during entire Maha Sivarasthiri, the temple shall be kept open so that the petitioner and others can offer their worship. If anybody put any lock on the temple, the seventh respondent is mandated to break it open and keep the temple open. After the Sivarasthiri festival is over, the key shall be handed over to the Village Assistant.

3.This writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

07.03.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias Issue order copy on 07.03.2024.

To:

1.The District Collector,, Sivagangai District, Sivagangai.

2.The District Revenue Officer, Sivagangai, 3/4

G.R.SWAMINATHAN, J.

ias 3.The Revenue Divisional Officer, Kalaiyarkovil Division, 4.The Tahsildar, Kalaiyarkovil Taluk, 5.The Inspector of Police, Kalaiyarkovil Police Station, 07.03.2024 4/4