Kannan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.04.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.7343 of 2024 Kannan ... Petitioner Vs.

1.The District Collector, Madurai District.

2.The Revenue Divisional Officer, Melur Taluk, Madurai District.

3.Senthamarai 4.Aliyas Reboni ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents return the key to the petitioner forthwith of Arulmigu Siddhi Vinayagar Temple, situated in New Town Survey No. 24/1, Block-4, Ward -A, Melur Town, Madurai District after due inventory and consequently directing the respondents to pay compensation to the petitioner either jointly or severally for the damages caused by the illegal lock by the 3rd and 4th respondents of sum of Rs. 5,00,000 /-.

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For Petitioner : Mr.RM.Arun Swaminathan For Respondents : Mr.N.GA.Natraj Government Advocate for R.1 & R.2

ORDER

Heard the learned counsel appearing for the writ petitioner and the learned Government Advocate appearing for the respondents 1 and 2. 2.The petitioner claims to be the trustee cum poojari of the petition mentioned temple. It appears that since the petitioner refused to permit the use of temple premises for Sabarimalai Pooja, the temple was closed and the key was also taken away. The petitioner made serious allegation against the private respondents herein. The petitioner is also demanding payment of compensation.

3.I am of the view that such issue cannot be adjudicated in writ jurisdiction. The key is with the jurisdictional Village Administrative Officer.

4.The second respondent is directed to instruct the Village Administrative Officer, Keelaiyur to hand over key to the petitioner 2/4

herein. After the key is handed over, the petitioner is permitted to open the temple premises and videograph the entire temple premises on the said occasion. The Village Administrative Officer, Keelaiyur is directed to be present in person at the time of taking vediograph. It is always open to the petitioner to file a civil suit claiming damages. The temple key shall be handed over by the Village Administrative Officer, Keelaiyur to the petitioner on 22.04.2024 at 09.05 a.m. The Village Administrative Officer shall be present for another 30 more minutes thereafter so as to enable the petitioner to vediograph the entire temple premises.

5.This writ petition is partly allowed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 15.04.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA Note: 1) Issue order copy on 18.04.2024.

2) Registry is directed to mark a copy of this order to the Village Administrative Officer, Keelaiyur.

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G.R.SWAMINATHAN,J.

MGA To 1.The District Collector, Madurai District.

2.The Revenue Divisional Officer, Melur Taluk, Madurai District.

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