R.A.Ramachandran v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:28.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD)No.10244 of 2018 R.A.Ramachandran : Petitioner Vs.

1. The Revenue Divisional Officer, Periakulam, Theni District.

2. The Tahsildar, Periakulam, Theni District.

3. The Inspector of Police, Periakulam, Theni District.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus directing the respondents to take action on the basis of the petitioner's representation dated 20.04.2018 and ensure the due participation of the petitioner and his community in the Chitra Pournami celebration in Aulmigu Perattalamman and Nallaiyasamy temple situated at Melmangalam Vilage in Periyakulam Taluk in Theni District. For Petitioner : Mr.S.Siva Ilayaraja For Respondents : Mr.M.Karuppasamy Government Advocate

O R D E R

This writ petition has been filed seeking a direction to the respondents to take action on the basis of the petitioner's representation dated 20.04.2018 and ensure the due participation of the petitioner and his community in the Chitra Pournami celebration in Arulmigu Perattalamman and Nallaiyasamy temple situated at Melmangalam Vilage in Periyakulam Taluk in Theni District.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

3. According to the petitioner, he made a representation to the respondents on 20.04.2018. Since no orders have been passed on the said representation, the petitioner has filed this writ petition.

https://hcservices.ecourts.gov.in/hcservices/

4. The learned Government Advocate submitted that the petitioner has approached this Court on today and the said festival falls on 30.04.2018. He further submitted that a civil suit is pending before the Court below between the parties in this regard. Therefore, this Court may pass appropriate orders to consider the petitioner's representation on merits and in accordance with law.

5. Considering the submission made by both parties and perusal of the representation, it is seen that the petitioner made a representation to the respondents on 20.04.2018, to ensure the due participation of the petitioner and his community in the Chitra Pournami celebration in Arulmigu Perattalamman and Nallaiyasamy temple situated at Melmangalam Village in Periyakulam Taluk in Theni District, scheduled to be held on 30.04.2018 and approached this Court without giving sufficient time to the respondents to consider the representation. Since, the suit is pending before the Court below already, at this stage, this Court cannot entertain this Writ Petition and cannot go into the merits of the case, However, this Court directs the respondents to consider the petitioner's representation dated 20.04.2018 and pass appropriate orders on merits and in accordance with law.

6.This writ petition is disposed of, with the above direction. No costs.

Sd/- Assistant Registrar(CSII) /True Copy/ Sub Assistant Registrar To

1. The Revenue Divisional Officer, Periakulam, Theni District.

2. The Tahsildar, Periakulam, Theni District.

3. The Inspector of Police, Periakulam, Theni District.

+1cc to M/S.S.Siva Ilayaraja, Advocate SR.No. 64540 W.P.(MD)No.10244 of 2018 28.04.2018 pjl JM/SV MMS/SAR 4/28.04.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/