Sakthivel v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2025 CORAM :

THE HON'BLE MR.JUSTICE P.DHANABAL Sakthivel ... Petitioner Vs

1. The Tahsildar, Andipatti Taluk, Andipatti, Theni District.

2. The Inspector of Police, Andipatti Police Station, Andipatti, Theni District.

3. R.Kannapiran

4. A.Gurunathan

5. K.Pandian ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1/6

second respondent herein to consider the petitioner's representation dated 19.03.2025 for conducting festival as well as to take action against the respondents 3 to 5 herein on merits and in accordance with law with the time limit as stipulated by this Court.

For Petitioner : Mr.M.Karuppasamypandian, For R1 : Mr.M.Senthil Ayyanar Government Advocate For R2 : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

This Writ Petition has been filed seeking a direction to the second respondent herein to consider the petitioner's representation dated 19.03.2025 for conducting festival as well as to take action against the respondents 3 to 5 herein on merits and in accordance with law with the time limit as stipulated by this Court.

2.The learned Counsel for the petitioner would submit that the 2/6

petitioner is the village head for the past forty years and he used to conduct festival in Arulmigu Shri Muthalamman temple, but this year by excluding the petitioner, the villagers want to conduct the festival on 02.04.2025 and 03.04.2025. Therefore, the petitioner sent the representation dated 18.03.2025 to the first respondent, but the same has not been considered. Hence this petition.

3.The learned Government Advocate appearing for the first respondent would submit that the first respondent received the petitioner's representation and already a peace committee meeting was conducted in this regard and the matter is pending with the concerned Revenue Divisional Officer. In the mean time, the petitioner sent the representation, dated 18.03.2025, which will be considered and appropriate order will be passed in accordance with law. 4.The learned Additional Public Prosecutor appearing for the respondent police would submit that they received the petitioner's representation. Since the prayer of the petitioner is not to conduct any village festival without the presence of the petitioner, such kind of prayer cannot be considered. However, the petitioner's representation is under 3/6

consideration, for which enquiry will be conducted and appropriate order will be passed in accordance with law.

5.Considering the limited scope of the prayer sought for in this petition, this Court, without even issuing notice to the private respondents, is inclined to pass order.

6.As far as the first part of the prayer is concerned, since the respondents 1 and 2 admitted the petitioner's representation and assured to pass appropriate order, they can take appropriate action in accordance with law. As far as the second part of the prayer to take action against the respondents 3 to 5 is concerned, it cannot be considered and the petitioner can approach the appropriate authorities in the manner known to law.

7.In view of the above, the first respondent is directed to consider the petitioner's representation and dispose of the same within a period of two days from the date of this order, after affording opportunity to both the parties, in accordance with law.

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8.With the above direction, this writ petition is disposed of. 28.03.2025 Internet :Yes Index :Yes/No NCC :Yes/No LR Note:Issue Order copy on 28.03.2025 To

1. The Tahsildar, Andipatti Taluk, Andipatti, Theni District.

2. The Inspector of Police, Andipatti Police Station, Andipatti, Theni District.

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

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P.DHANABAL , J.

LR 28.03.2025 6/6