C.Muniyasamy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.8566 of 2018 and W.M.P.(MD) No.8060 of 2018 1.C.Muniyasamy 2.P.M.Pandi ... Petitioners vs.

1.The District Collector Virudhunagar, Virudhunagar District 2.The Superintendent of Police Virudhunagar, Virudhunagar District 3.The District Revenue Officer Aruppukottai'

Virudhunagar District 4.The Revenue Divisional Officer Thiruchuli Virudhunagar District 5.The Inspector of Police Narikudi Police Station Narikudi, Virudhunagar District 6.The Tahsildar Thiruchuli Virudhunagar District 7.The Revenue Inspector Thiruchuli Virudhunagar District 8.The Village Administrative Officer Narikudi, Virudhunagar District 9.R.Veeran 10.A.Marimuthu 11.G.Muthu 12.A.Marimuthu 13.N.Muniyandi

14.K.Kannan 15.S.Karuppaiah 16.R.Pandi ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 8 to pass necessary orders to forbear the respondents 9 to 16 from alienating the petitioners and petitioners' family members in the Village Kovil festivals of Karuppanasamy, Irulappasamy, Muniappasamy, Pillaiyarsamy and Manthai Amman conduct in the Tamil months of "Chithirai, Vaikasi, Puratasi and Masi" situated at Thiruchili Taluk, Narikudi Post, Virudhunagar District and also directing the respondents 1 to 8 to protect the petitioners and petitioners family traditional ritual rights in worship during the same Kovil festivals within a stipulated time. For Petitioners :

Mr.G.Kavitha For Respondents :

Mr.J.Gunaseelan Muthiah Additional Government Pleader for R1 to R8

O R D E R

Mr.J.Gunaseelan Muthiah, learned Additional Government Pleader, takes notice for the respondents 1 to 8. Notice to the respondents 9 to 16 is dispensed with in view of nature of the order to be passed by this Court.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. It is the grievance of the petitioners that their representation dated 02.04.2018 seeking to forbear the respondents 9 to 16 from alienating them and their family members in the Temple festivals of Karuppanasamy, Irulappasamy, Muniappasamy, Pillaiyarsamy and Manthai Amman, situated at Thiruchili Taluk, Narikudi Post, Virudhunagar District, scheduled to be conducted in the Tamil months of "Chithirai, Vaikasi, Puratasi and Masi" and also to give protection to them and their family members during their traditional ritual rights, has not been considered by the respondents 1 to 8 till date and therefore, they have filed the present writ petition.

4. This Court has not expressed any of its view with regard to the merits of the representation made by the petitioners. It is needless to point out that whenever a representation of this nature is made, the respondents are duty bound to consider the same in one way or the other. Non-consideration of the same would amount to dereliction of ordinary duties of their office and as such, this Court would be justified in invoking its powers conferred under Article 226 of the Constitution of India to direct them to consider the petitioners' representation within a stipulated time.

5. In view of the limited prayer sought for in this writ petition, there shall be a direction to the first respondent to consider the petitioners' representation dated 02.04.2018 on its own merits and take further action in accordance with law, within a period of two weeks from the date of receipt of a copy of this order. Such an exercise shall be done after giving due opportunity to the petitioners as well as to the respondents 9 to 16 and any other persons who may be interested in the subject matter.

6. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(W) /True Copy/ Sub Assistant Registrar To:

1.The District Collector, Virudhunagar, Virudhunagar District.

2.The Superintendent of Police, Virudhunagar, Virudhunagar District.

3.The District Revenue Officer, Aruppukottai', Virudhunagar District.

4.The Revenue Divisional Officer, Thiruchuli, Virudhunagar District.

5.The Inspector of Police, Narikudi Police Station, Narikudi, Virudhunagar District.

6.The Tahsildar, Thiruchuli, Virudhunagar District.

7.The Revenue Inspector, Thiruchuli, Virudhunagar District.

8.The Village Administrative Officer, Narikudi, Virudhunagar District.

+1cc to M/S.G.Kavitha, Advocate SR.No. 62330 +1cc to Special Government Pleader, SR.No. 62521 W.P.(MD) No.8566 of 2018 and W.M.P.(MD) No.8060 of 2018 19.04.2018 krk JM/SV MMS/SAR 1/24.04.2018/4P/11C