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Madras High CourtWP(MD)/18068/2015disposed of

A. Velu Pillai v. The District Collector

2015-10-06Honourable Mr Justice R.Subbiah2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :06.10.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P(MD).No.18068 of 2015 A.Velu Pillai ...Petitioner Vs.

1. The District Collector, Ramanathapuram District, Ramanathapuram.

2. The Revenue Divisional Officer, Ramanathapuram, Ramanathapuram District. ...Respondents Prayer:

This Writ Petition has been filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents to consider and dispose of the petitioner's representation, dated 15.09.2015 as expeditiously as possible within a stipulated time.

For petitioners : Mr.R.Anand For Respondents : Mr.S.Kumar, Additional Government Pleader

ORDER

The Writ Petition has been filed praying for a Writ of Mandamus directing the respondents to consider and dispose of the petitioner's representation, dated 15.09.2015, within a stipulated time.

2. Mr.S.Kumar, learned Additional Government Pleader takes notice for the respondents.

3. By consent, the Writ Petition itself is taken up for final disposal.

4. In the affidavit it has been averred that the petitioner is residing at Melakottai Village, Thiruvadanai Taluk, Ramanathapuram District along with his family members. In the said village there is a temple called Arulmigu Sri Muthu Mariamman Thirukkoil. The said temple is in existence for about four decades. The land in which the temple is situated was gifted by the Rajas and right from the date of erection of the deity, the petitioner has been functioning as Poojari in the said temple and during the time of temple festival, the first honour would be given to the petitioner and in order to prove such gift from Rajas, the petitioner has got "Sembu Pattayam". While the matter https://hcservices.ecourts.gov.in/hcservices/

stood thus, one Rathinam Pillai and three other persons from adjacent village started causing intrusion in the administration of the temple and they had gone to the extent of damaging the superstructure of the temple by stating that they want to renovate the temple. Aggrieved over their act, the petitioner has sent a representation to the authorities concerned for taking appropriate action. But all the efforts taken by the petitioner ended in failure and the above said persons demolished the superstructure and put up an ordinary barricade and a plywood board covering the deity and thereafter, they have prevented the petitioner from getting entry into the temple and further, the petitioner was not allowed to do poojas and they have not received Thalaikattu Vari from the petitioner. Hence, the petitioner has made a detailed representation to the second respondent on 15.09.2015 by stating all the facts. But the same was not considered so far. Hence, the petitioner has come forward to file the Writ Petition for the above stated relief.

5. Considering the submissions made by the learned counsel for the petitioners, without going into the merits of the averments made in the Writ Petition, this Court directs the petitioner to give a copy of the representation, dated 15.09.2015 along with a copy of this order, within a period of one week from the date of receipt of a copy of this order and on receipt of the same, the second respondent is directed to consider the same and pass appropriate orders on merits and in accordance with law by affording an opportunity of hearing to all the necessary parties, within a period of six weeks thereafter.

With the above direction, the Writ Petition is disposed of. No Costs.

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

1. The District Collector, Ramanathapuram District, Ramanathapuram.

2. The Revenue Divisional Officer, Ramanathapuram, Ramanathapuram District.

+ 1 CC TO MR.R.ANAND, ADVOCATE IN SR NO. 58984 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR NO. 58943 PM TE/SKS-RR/SAR-I 14/10/2015 3P/5C W.P(MD).No.18068 of 2015 06.10.2015 https://hcservices.ecourts.gov.in/hcservices/