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Madras High CourtWP(MD)/10006/2020dismissed

Telegu Kulalar Thirumana Mandapam v. The District Collector,

2022-02-15Honourable Mr Justice N. Sathish Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.02.2022 CORAM :

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and W.M.P.(MD)No.8938 of 2020 Telugu Kulalar Thirumana Mandapam Rep.by its President, Ponnusamy

...Petitioner

/Vs./ 1.The District Collector, Dindigul District, Dindigul.

2.The Revenue Divisional Officer, Palani Division, Dindigul District.

3.The Tahsildar, Palani Taluk, Dindigul District.

4.The Palani Municipality, Rep. by its Executive Officer, Palani, Dindigul District.

5.The Deputy Superintendent of Police, Palani, Dindigul District.

6.K.Vadivel

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Mandamus, forbearing the official respondents from supporting the 6th respondent and his associates for the illegal attempt of grabbing the petitioner's associations viz., Telugu Kulala Thirumana Mandapam at Door No.9, South Car Street, Palani Town, Dindigul District which is administered by the Telugu Kulala Community people, based on the enquiry before the second respondent and the petitioner's representation to the 5th respondent dated 10.08.2020.

For Petitioner :

Mr.Ananth C.Rajesh For R1 to R3 :

Mr.A.Thiruvadikumar and R5 Additional Public Prosecutor 1/3

ORDER

This Writ Petition is filed forbearing the official respondents from supporting the 6th respondent and his associates for the illegal attempt of grabbing the petitioner's associations viz., Telugu Kulala Thirumana Mandapam at Door No.9, South Car Street, Palani Town, Dindigul District, which is administered by the Telugu Kulala Community people, based on the enquiry before the second respondent and the petitioner's representation to the 5th respondent dated 10.08.2020.

2.Though the prayer is couched in the manner as if the relief is sought on the ground that the official respondents are supporting the 6th respondent, from the statements of the petitioner in W.P. (MD)No.2231 of 2020, it is seen that already civil rights have been decided by this Court in S.A.(MD)No.1215 of 1999, by judgment dated 27.08.2019. Therefore, this Court is of the considered view that the relief has been couched in such a manner only to prevent the decree being executed. Such relief in the eye of law is not permissible. Therefore, this Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) Myr Note :

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. To 1.The District Collector, Dindigul District, Dindigul.

2.The Revenue Divisional Officer, Palani Division, Dindigul District.

3.The Tahsildar, Palani Taluk, Dindigul District.

2/3

4.The Deputy Superintendent of Police, Palani, Dindigul District.

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

ORDER MADE IN 15.02.2022 PKP/25.02.2022/3P/6C 3/3