Kannan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.03.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Kannan ... Petitioner Vs.

1.The District Collector, Madurai District, Madurai.

2.The Tahsildhar, Madurai East Taluk, Madurai.

3.The Inspector of Police, Mattuthavani Police Station, Mattuthavani, Madurai District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to grant permission to conduct Maha Siva Rathiri Night Annathanam dated 08.03.2024 Annathanam at Petitioner's family temple viz., "Thannayiramoorthi Temple", Uthangudi, Madurai District on the basis of the representation given the petitioner dated 20.02.2024.

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For Petitioner : Mr.P.M.Vishnu Varthanan For Respondents : Mr.T.Villavankotahi Addl. Government Pleader for R1 & R2.

Mr.A.Albert James, Govt. Advocate (Crl. Side) for R3.

Mr.Mari Chellaiah Prabu for Intervenor.

ORDER

Heard the learned counsel for the writ petitioner, the learned Additional Government Pleader for the respondents 1 and 2, the learned Government Advocate (Crl. Side) for the third respondent and the learned counsel for the intervenors.

2.This writ petition has been filed seeking permission to conduct Annathanam at the petition mentioned temple. The petitioner has enclosed copy of the order dated 13.04.2022 made in W.P.(MD)No.7175 of 2022. Reliance is placed on the said order.

3.When the matter was taken up for hearing, the learned counsel for the intervenors pointed out that in Rev.Apl.W.(MD)No.38 of 2022, the Hon'ble Judge who passed the said order stayed the same. Copy of the said order 2/4

passed on 29.04.2022 has not been enclosed in the typed set of papers. The petitioner is obviously aware that there is serious opposition to his move to perform Annathanam from Ponpadi and Satheesh. The said Ponpadi and Satheesh petitioner ought to have been impleaded as parties. They have not been impleaded. For these twin reasons, I am not inclined to consider the issue on merits.

4.The writ petition stands dismissed. No costs. 08.03.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:

1.The District Collector, Madurai District, Madurai.

2.The Tahsildhar, Madurai East Taluk, Madurai.

3.The Inspector of Police, Mattuthavani Police Station, Mattuthavani, Madurai District.

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G.R.SWAMINATHAN, J.

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