Venkatesan G v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.03.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P(MD).No.5231 of 2023 and WMP(MD)Nos.4923 and 4924 of 2023 G.Venkatesan ... Petitioner Vs

1. The District Collector, Trichy District, Trichy.

2. The Revenue Divisional Officer, Trichy

3. The Tahsildar, Trichy West Taluk,

4. The Joint Commissioner, Hindu Religious & Charitable Endowment Department, Triuchirapalli,

5. The Executive Officer, Arulmighu Sengulathan Kulanthalayi Amman Thirukovil, Thillai Nagar, 1/6

6. The Inspector of Police (L&O), Thillai Nagar Police Station, Trichy City,

7. Thilakraj 8.Vignesh ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records of the impugned order passed by the second respondent in Na.Ka.Aal/06/2022, dated 20.02.2023 and quash the same as illegal and consequently direct the respondents to conduct Arulmighu Sengulathan Kulanthalayi Amman Thirukovil temple festival without the "Marulali" till the final decision is taken in O.A.No.6 of 2019 by the 4th respondent and O.S.No.79 of 2021, on the file of the District Munsif Court, Trichy. For Petitioner : Mr.R.J.Karthick For R1 to R3 : Mr.J.Ashok Additional Government Pleader For R4, R5 : Mr.M.Senthil Ayyanar Government Advocate For R6 : Mr.R.M.Sethuraman Additional Public Prosecutor 2/6

O R D E R

This Writ Petition has been filed in the nature of certiorarified mandamus, seeking interference with the order of the second respondent, dated 20.02.2023 in Na.Ka.Aal/06/2022 and direct the respondents to conduct temple festival in Arulmighu Sengulathan Kulanthalayi Amman Thirukovil without the "Marulali" till the final decision taken in O.A.No.6 of 2019, pending before the fourth respondent and O.S.No.79 of 2021, pending on the file of the District Munsif Court, Trichy.

2.I am confident that the learned District Munsif, Trichy would examine the issue in accordance with law. No direction is required. Even otherwise, it will be an appealable or revisable order. 3.It is stated that the relief sought for in the suit, which is sought by one Thilakraj/seventh respondent and not by the petitioner herein, is that the temple festival should be conducted only in the presence of the Marulali. The plaintiff therein is the Marulali. The petitioner is not a party to the civil suit and cannot claim any right or direction. The petitioner has no right, no locus standi, no authority to question the manner in which the suit is to be 3/6

conducted or orders passed.

4.I am informed that the temple festival is underway and will be completed by tomorrow ie., 11.03.2023.

5.The second respondent had passed an order for conducting festival. The petitioner is hiding behind a screen and had not participated in the civil suit.

6. It is also reported by the learned counsel for the petitioner that when an order was dictated by the second respondent it was recorded and the order impugned does not reflect all that was dictated. I am not prepared to pass any orders in this writ petition, as that fact itself shatters the confidence on the writ petitioner.

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7.Accordingly, this Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. 10.03.2023 NCS : Yes/No Index : Yes / No Internet: Yes/ No PNM To

1. The District Collector, Trichy District, Trichy.

2. The Revenue Divisional Officer, Trichy

3. The Tahsildar, Trichy West Taluk,

4. The Joint Commissioner, Hindu Religious & Charitable Endowment Department, Triuchirapalli, Trichy District.

5. The Executive Officer, Arulmighu Sengulathan Kulanthalayi Amman Thirukovil, Thillai Nagar, Trichy District.

6. The Inspector of Police (L&O), Thillai Nagar Police Station, Trichy City, Trichy District.

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C.V.KARTHIKEYAN, J.

PNM ORDER IN W.P(MD).No.5231 of 2023 and WMP(MD)Nos.4923 and 4924 of 2023 10.03.2023 6/6