Ponnusamy .N v. The Revenue Divisional Officer

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 11.04.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN N.Ponnusamy ... Petitioner Vs.

1.The Revenue Divisional Officer, Rajapalayam Revenue Division, Virudhunagar District.

2.The Tahsildar, Rajapalayam Taluk, Virudhunagar District.

3.The Superintendent of Police, Office of the Superintendent of Police, Virudhunagar District.

4.The Inspector of Police, Rajapalayam North Police Station, Rajapalayam Town, Virudhunagar District.

5.Ramaiah 6.G.Dharmar 7.Ponnuchamy 8.V.Kalaiselvan 9.Paulpandi 10.Srinivasan 11.P.Govindhasamy ... Respondents (R5 to R11 are impleaded as per order dated. 11.04.2022 in W.M.P.(MD)Nos.5194 and 5033 of 2022 in W.P.(MD)No.5678 of 2022 by GKIJ) PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the respondents 1 to 4 to grant permission and provide adequate police protection to conduct Shree Neerukatha Ayyanar Temple festival along with cultural programmes of ''Chithirai Venkudai Thiruvizha'' at Rajapalayam Town and Taluk, Virudhunagar District, which was scheduled on 14.04.2022 and 15.04.2022 and to allow the petitioner to dance with Venkudai by considering the representation of the petitioner, dated 18.03.2022 within the time stipulated by this Court.

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For Petitioner : Mr.C.Gangai Amaran For R1 - R4 : Mr.B.Thanga Aravindh Government Advocate (Crl.side)

ORDER

This Writ Petition has been filed directing the respondents 1 to 4 to grant permission and provide adequate police protection to conduct Shree Neerukatha Ayyanar Temple festival along with cultural programmes of ''Chithirai Venkudai Thiruvizha'' at Rajapalayam Town and Taluk, Virudhunagar District, which was scheduled on 14.04.2022 and 15.04.2022 and to allow the petitioner to dance with Venkudai by considering the representation of the petitioner, dated 18.03.2022. 2.The learned counsel for the respondents 5 to 11 submitted that, the 5th respondent is the President of ''Chellam Vadakku Therku Theru Oor Pallar Podhupandu'', Rajapalayam, Virudhunagar District. After formation of new committee, the earlier management through the police officials handed over the key to the 5th respondent.

The petitioner herein being the member of the then executive committee had misappropriated a sum of Rs.25 lakhs of the society fund. Further, he was appointed on salary basis. Hence, no right is conferred on him to claim right to perform dance with Venkudai. In fact, he was paid salary of Rs.700/- for two days to perform Venkudai dance. Therefore, the 5th respondent lodged a complaint as against the petitioner before the 4th respondent to take appropriate action.

3.In fact, already to celebrate the festival of ''Chithirai Venkudai Thiruvizha'' on 14.04.2022 and 15.04.2022 and the permission was granted and the petitioner was denied permission to perform Venkudai dance.

4.In view of the above, the Writ Petition is devoid of merits and stands dismissed. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) vsd 2/3

To 1.The Revenue Divisional Officer, Rajapalayam Revenue Division, Virudhunagar District.

2.The Tahsildar, Rajapalayam Taluk, Virudhunagar District.

3.The Superintendent of Police, Office of the Superintendent of Police, Virudhunagar District.

4.The Inspector of Police, Rajapalayam North Police Station, Rajapalayam Town, Virudhunagar District.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.R. VELMURUGAN, Advocate ( SR-18044[F] dated 12/04/2022 ) 11.04.2022 SG(CO) GC(09.06.2022) 3P 7C 3/3