Madras High CourtWP(MD)/13131/2018closed

Arulmigu Sri Muthaiyah Sri v. The Assistant Commissioner

2018-08-27Honourable Mr Justice V. Parthiban3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.(MD)Nos.13131 and 17111 of 2018 and W.M.P.(MD).No.12002 of 2018 in W.P.(MD)No.13131 of 2018 W.P.(MD)No.13131 of 2018 Arulmigu Sri Muthaiyah Sri Nondi Samayan Swamigal Theiva Thirupanikulu Trust, Kalkulam Village rep. by its Managing Trustee S.Muthu, .. Petitioner Vs.

1.The Assistant Commissioner, Hindu Religious and Charitable Endowment (Administration), Paramakudi, Ramanathapuram District.

2.The Deputy Superintendent of Police, Sivagangai.

3.The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai District.

4.The Tahsildar, Sivagangai Taluk, Sivagangai District.

5.Chinnathambi 6.Samayan .. Respondents Prayer:Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus forbearing the 2nd and 3rd respondents to grant permission to the 5th and 6th respondents to conduct any Festival and Drama in Arulmigu Sri Muthaiyah Sri Nondi Samayan Swamigal at Kalkulam Village, Sivagangai District except to the petitioner's trustee. For Petitioner : Mr.V.Kannan For Respondents: Mr.M.Jeyakumar Additional Government Pleader for R1 to R4

W.P.(MD)No. 17111 of 2018 Arulmigu Sri Muthaiyah Sri Nondi Samayanan, Swamigal, Poojari cum Trustee of Poovali Village, N.Nedungulam Village and Oothikulam Villagers, Rep. by its Poojari cum Trustee P.Muthan .. Petitioner Vs 1.The Tahsildar, Sivagangai Taluk Office, Sivagangai, Sivagangai District.

2.The Inspector of Police, Sivagangai Taluk Police Staion, Sivagangai.

Respondents Prayer:Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of declaration, declaring that the action of the respondents in imposing conditions in their peace committee meeting dated 27.07.2018 is illegal and consequently direct the 2nd respondent to grant permission to Petitioner Poovali, N.Nedunkulam and Oothikulam Villagers to conduct Valli Thirumana Drama and Annathanam function to be held on 03.08.2018 or any other alternative day in the month of Adi, in he Arulmigu Sri Muthaiyah, Sri Nondi Samayanan Swamy Kovil Temple is situated at Oothikulam Village in S.No.188/2, Sivagangai Taluk, Sivagangai District, in accordance with law. For Petitioner : Mr.V.Kannan in W.P(MD) No. 13131/18 Mr.J.John in W.P(MD) No. 17111/18 For Respondents : Mr.M.

Jeyakumar Additional Government Pleader COMMON ORDER The petitioner in W.P.(MD)No.13131 of 2018 has approached this Court seeking the issuance of a Writ of Mandamus forbearing the 2nd and 3rd respondents to grant permission to the 5th and 6th respondents to conduct any Festival and Drama in Arulmigu Sri Muthaiyah Sri Nondi Samayan Swamigal at Kalkulam Village, Sivagangai District except to the petitioner's trustee. The petitioner in W.P.(MD)No. 17111 of 2018 has approached this Court seeking for the issuance of a Writ of declaration, declaring that the action of the respondents in imposing conditions in their peace committee meeting dated 27.07.2018 is illegal and consequently direct the 2nd respondent to grant permission to Petitioner Poovali, N.

to be held on 03.08.2018 or any other alternative day in the month of Adi, in the Arulmigu Sri Muthaiyah, Sri Nondi Samayanan Swamy Kovil Temple situated at Oothikulam Village in S.No.188/2, Sivagangai Taluk, Sivagangai District, in accordance with law. 2.However, it appears that due to passage of time, the prayer in the writ petitions has become infructuous and nothing survives for further consideration of this Court. Therefore, nothing remains to be adjudicated in the writ petitions filed by the petitioners.

3.In view of the same, no further order is necessary. Hence, these Writ petitions are closed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-I) // True Copy // Sub Assistant Registrar(CS-IV) To

1. The Assistant Commissioner, Hindu Religious and Charitable Endowment (Administration), Paramakudi, Ramanathapuram District.

2. The Deputy Superintendent of Police, Sivagangai.

3. The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai District.

4. The Tahsildar, Sivagangai Taluk, Sivagangai District.

+ 1 CC TO MR.J.JOHN , ADVOCATE IN SR NO.80500 + 1 CC TO MR.V.KANNAN , ADVOCATE IN SR NO.80793 + 1 CC TO SPECIAL GOVERNMENT PLEADER, IN SR NO.80625 TM BU/PM/SAR-IV : 04.10.2018 : 2P/8C W.P.(MD)Nos.13131 and 17111 of 2018 27.08.2018