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Madras High CourtWP(MD)/9980/2021disposed of

Arulmigu Arumuga Perumal, Sri Sappani Muthaiah Kovil, v. The District Collector

2021-07-12Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :12.07.2021

CORAM

THE HONOURABLE MR.JUSTICE G.ILANGOVAN W.P(MD)No.9980 of 2021 Arulmigu Arumuga Perumal Sri Sappani Muthaiah Kovil, rep, by its President, Registeration No.227/2010, Mr.S.M.Bose Pillai, S/o.S.Muthaiah Pillai, Koomapatti, Watrap Taluk, Virudhunagar District ... Petitioner Vs.

1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Revenue Divisional Officer/Sub Collector, O/o.Revenue Divisional Officer/Sub Collector, Sivakasi, Virudhunagar District.

3.The Superintendant of Police, Virudhunagar, Virudhunagar District.

4.The Inspector of Police, Koompatti Police Station, Watrap Taluk, Virudhunagar District.

5.J.M.Kose ... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the second respondent to hold enquiry U/s.145 of Cr.P.C with regard to the administration of Arulmigu Arumuga Perumal, Sri Sappani Muthaiah Kovil existing between the petitioner's community and the fifth respondent and pass orders for removing the board hoarded by him and handing over the administration of the temple to one of the parties based on the available records and relegate the other to go before the Civil Court based on the petitioner's representation dated 25.05.2021.

For Petitioner :

Mr.T.Lajapathiroy for Mr.A.Balaji For Respondent :

Mr.R.M.Anbunithi Additional Public Prosecutor for R1 to R4 Mr.M.Shobana for R5 1/3

ORDER

This petition has been filed for issuing a Writ of Mandamus, to direct the second respondent to hold enquiry U/s.145 of Cr.P.C with regard to the administration of Arulmigu Arumuga Perumal Temple, Sri Sappani Muthaiah Temple existing between the petitioner's community and the fifth respondent and pass orders for removing the board hoarded by him and hand over the administration of the temple to one of the parties based on the available records and relegate the other to go before the Civil Court based on the petitioner's representation dated 25.05.2021.

2.According to the petitioner, the fifth respondent and others trespassed in the temple and attacked the Priest indiscriminately. Thereafter, they have made a compliant to the second and fourth respondent.

3.The learned counsel for the petitioner submitted that the temple authorities will not make any trouble to the fifth respondent entering the temple and such undertaking may be placed on record. 4.The grievances of the fifth respondent has been satisfied. 5.Considering the submission made by the learned counsel for the petitioner, this Writ Petition is disposed of with a direction to the second respondent to complete the enquiry within a period of one month from the date of receipt of copy of this order, after considering the case of the petitioner as well as the fifth respondent and by considering all the materials to be produced by the parties. No Costs.

6. Post the matter after one Month for reporting compliance. Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) tta Note:(i) In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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To:

1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Revenue Divisional Officer/Sub Collector, O/o.Revenue Divisional Officer/Sub Collector, Sivakasi, Virudhunagar District.

3.The Superintendant of Police, Virudhunagar, Virudhunagar District.

4.The Inspector of Police, Koompatti Police Station, Watrap Taluk, Virudhunagar District.

Copy to The Section Officer, Criminal section, Madurai Bench of Madras High Court,Madurai.(For Posting) +1 CC to M/s.A.BALAJI, Advocate ( SR-22420[F] dated 14/07/2021 ) W.P(MD)No.9980 of 2021 12.07.2021 MGJ(19.07.2021) 3P 7C 3/3