Madras High CourtWP(MD)/8851/2022disposed of

Thangaraj v. The District Collecotr

2022-04-29Honourable Mr Justice Abdul Quddhose2 pages

W.P.[MD]No.8851 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.[MD]No.8851 of 2022 Thangaraj ... Petitioner /Vs./ 1.The District Collector, Madurai District, Madurai-20.

2.The Tahsildar, Usilampatti, Madurai.

3.The Revenue Divisional Officer, Usilampatti, Madurai District.

4.The Deputy Superintendent of Police, Usilampatti Sub Division, Madurai District.

5.The Inspector of Police, Usilampatti Police Station, Madurai District. 6.Raja 7.K.Bose 8.K.Pavunsamy ... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 3 to take necessary action on the basis of the petitioner's representation dated 21.03.2022 within a time stipulated by this Court.

For Petitioner : Mr.S.Bharathi For R1 to R5 : Mr.M.Lingadurai, Special Government Pleader.

ORDER

This Writ Petition is filed for a Mandamus, seeking for opening of the temple, namely, Kalyana Karuppasamy Temple, which is situated at Aariyapatti, Usilampatti Taluk, Madurai District. 2.According to the petitioner, it is a private temple and the said temple is closed for almost five years. Due to the objections raised by the 6, 7 and 8th respondents, the temple is kept closed for a long period of time. The petitioner has given a representation on 21.03.2022 to the official respondents calling upon them to open the temple. Since the said representation has not been considered, he has filed this writ petition.

3.Heard Mr.S.Bharathi, learned Counsel for the writ petitioner and Mr.M.Lingadurai, learned Special Government Pleader, who accepts notice on behalf of the respondents 1 to 5.

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W.P.[MD]No.8851 of 2022 4.No prejudice would be caused to the third respondent, if the petitioner's representation is considered on merits and in accordance with law, after affording a fair hearing to the petitioner, the respondents 6,7 and 8 and any other necessary party, whom the third respondent deems fit to enquire. 5.For the foregoing reasons, this Court directs the third respondent to pass final orders on the petitioner's representation dated 21.03.2022 requesting opening of the temple, namely, Kalyana Karuppasamy Temple, which is situated at Aariyapatti, Usilampatti Taluk, Madurai District, within a period of twelve (12) weeks from the date of receipt of a copy of this order, after affording a fair hearing to the petitioner, the respondents 6,7 & 8 and any other necessary party, whom the third respondent deems fit to enquire. 6.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) To 1.The District Collector, Madurai District, Madurai-20.

2.The Tahsildar, Usilampatti, Madurai.

3.The Revenue Divisional Officer, Usilampatti, Madurai District.

4.The Deputy Superintendent of Police, Usilampatti Sub Division, Madurai District.

5.The Inspector of Police, Usilampatti Police Station, Madurai District. +1 CC to M/s.S.BHARATHI, Advocate ( SR-23125[F] dated 02/05/2022 ) +1 CC to M/s.SPL.GP ( SR-23345[F] dated 04/05/2022 ) W.P.[MD]No.8851 of 2022 29.04.2022 RS (19.05.2022) 2P-8C https://hcservices.ecourts.gov.in/hcservices/ 2/2