Pl. Subbiah v. Ramachandran
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.09.2015 CORAM :
THE HONOURABLE MR.JUSTICE R.SUDHAKAR and THE HONOURABLE MS.JUSTICE V.M.VELUMANI Writ Appeal(MD) No.923 of 2015 and MP(MD)Nos. 1 & 2 of 2015 and Writ Petition (MD)No.15018 of 2015 and MP(MD)Nos.1 & 2 of 2015 PL.Subbiah ... Appellant Vs.
1.M.S.Ramachandran 2.The Superintendent of Police, Pudukottai District,Pudukottai.
3.The Deputy Superintendent of Police, 4.The Inspector of Police, Karaiyur Police Station, 5.The Sub Inspector of Police, Karaiyur Police Station, 6.Chinnakaruppan @ Sekar 7.R.Rama Chinnakaruppan 8.M.Subbiah 9.V.Ganesan (R6-R9 are given up) 10.The Tahsildar, ... Respondents Writ Appeal is filed under Clause 15 of the Letters Patent against the order dated 14.08.2015 made in W.P.(MD) No.14376 of 2013 on the file of this Court.
Prayer in WP(MD). 14376/ 2015 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To pass any order or direction or Writ, particularly a Writ of Mandamus directing the respondents herein to grant permission and police protection on 15.08.2015 to celebrate the festival to Arulmigu Megakaruppar @ Mettukaruppar Swamy, Kandeduthanpatti, Arasamalai, Ponnamaravathy, Pudhukottai District.
In W.P(MD)No.15018 of 2015:
P.Adaikkan Ambalam ...
Petitioner Vs.
1.The District Collector, 2.The Tahsildar, Pudukottai District.
3.PL.Subbiah 4.Palanivelu ...
Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari to call for the impugned order of the 2nd respondent passed in Na.Ka.No.1516/2014/A3 dated 12.08.2015 and to quash the same as illegal and void and pass such further relief as this Hon'ble Court.
For Appellant : Mr.M.Ajmal Khan (In W.A.No.923/2015) Senior Counsel for M/S.AJMAL ASSOCIATES For Petitioner : Mr.Babu Rajendran (In W.P.No.15018/2015) For 1st Respondent : Mr.Babu Rajendran (In W.A.No.923 of 2015) For Respondents 2-5&10 : Mr.N.Manoharan, Special Government Pleader.
For Respondents WP For Respondents 6 to 9 : Mr.Vignesh (given up)
JUDGMENT
(Judgment of the Court was delivered by R.SUDHAKAR,J) When the matter has taken up, both the parties have filed a joint memo which reads as follows:
"JOINT MEMO The appellants and the respondents in the above writ appeal hereby agree to celebrate the festival as follows:- i.The group led by appellant i.e. Mr. P.L. Subbaiah will
celebrate the festival on 11.09.2015 to 12.09.2015. ii.The group led by the 1st respondent i.e. Mr. M.S. Ramachandran will celebrate the festival on 04.09.2015 and 05.09.2015.
iii.Each of the parties will not interfere in the celebration by the other party.
iv.The appellant and the respondents will not cause any breach of peace in the celebrations.
v.The above agreement is without prejudice to rights of the parties to be decided by the civil court. The appellant agreed not to claim the key from Mr. Adaikkan Poosari Dated at Madurai on this the 1st day of September, 2015. 2.Recording the above said joint memo, the writ appeal and the writ petition are disposed of directing the police authorities to give protection to both the parties for conducting festival separetely on the dates mentioned above. No costs. Consequently, connected miscellanous petitions are closed.
Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar sms To 1.The Superintendent of Police, 2.The Deputy Superintendent of Police, 3.The Inspector of Police, Karaiyur Police Station, 4.The Sub Inspector of Police, Karaiyur Police Station,
5.The Tahsildar, 6.The District Collector, +1cc to MR.BABU RAJENDRAN,ADVOCATE SR NO.50645 +1 CC TO M/S.AJMAL ASSOCIATES ADVOCATE SR NO.51213 Writ Appeal(MD) No.923 of 2015 and Writ Petition (MD)No.15018 of 2015 01.09.2015 rg.02.09.2015 4p.9c.