Madras High CourtWP(MD)/7999/2015disposed of

Pandi, v. The District Collector,

2015-05-13Honourable Mr Justice T. S. Sivagnanam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.05.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.(MD)No.7999 of 2015 PANDI ... PETITIONER Vs.

1 THE DISTRICT COLLECTOR, VIRUDHUNAGAR DISTRICT.

2 THE SUPERINTENDENT OF POLICE, VIRUDHUNAGAR DISTRICT.

3 THE TAHSILDAR, THIRUCHUZHI TALUK, VIRUDHUNAGAR DISTRICT.

4 THE INSPECTOR OF POLICE, THIRUCHUZHI POLICE STATION, VIRUDHUNAGAR DISTRICT.

... RESPONDENTS PRAYER: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to grant permission to conduct the festival in Vinayagar, Karuppasamy Iyyanar, Pambulammal temple at Meenakshipuram Village, Thiruchuzhi Taluk, Virudhunagar District.

For Petitioner : Mr.S.Murugaian For Respondents : Mr.M.Murugan Additional Government Pleader

O R D E R

The petitioner has filed this writ petition to grant permission to conduct temple festival in Vinayagar, Karuppasamy Iyyanar, Pambulammal temple at Meenakshipuram Village, Thiruchuzhi Taluk, Virudhunagar District.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

3. By consent this Writ Petition has been taken up for final disposal at the admission stage itself.

4. It is seen that the petitioner approached this Court earlier by filing a writ petition in W.P.(MD).No.5259 of 2015 which was disposed of on 23.04.2015 by directing the petitioner to appear before the Tahsildar along with the necessary particulars on a particular date and the Tahsildar should consider the same within a specified time frame. https://hcservices.ecourts.gov.in/hcservices/

5. It is stated by the learned counsel for the petitioner that the Tahsildar did not obey the order and did not consider the materials

placed within the time stipulated by this Court. However, issued a notice calling for a meeting on 06.05.2015 on 11.00 a.m.

6. Though the Tahsildar did not call for the meeting on the date fixed by this Court, nevertheless, there was a notice issued by the Tahsildar fixing a meeting, which is pursuant to the direction issued by this Court. Therefore, if the petitioner is really interested in obtaining permission to conduct temple festival, he should have appeared before the Tahsildar instead of rushing to this Court. Therefore no Writ of Mandamous as sought for could be granted. However, since notice is already issued by the Tahsildar and the date fixed in the notice is over, the Tahsildar, Thiruchuzhi/third respondent, is directed to issue fresh notice fixing a fresh date of hearing and on which date, the petitioner shall appear and place all the documents and thereafter,the Tahsildar/third respondent shall pass orders on merits in accordance with law.

7. With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Vacation Officer /TRUE COPY/ Sub Assistant Registrar To 1 THE DISTRICT COLLECTOR, VIRUDHUNAGAR DISTRICT.

2 THE SUPERINTENDENT OF POLICE, VIRUDHUNAGAR DISTRICT.

3 THE TAHSILDAR, THIRUCHUZHI TALUK, VIRUDHUNAGAR DISTRICT.

4 THE INSPECTOR OF POLICE, THIRUCHUZHI POLICE STATION, VIRUDHUNAGAR DISTRICT.

+1cc to Special Govt.Pleader SR.No.25417 +1cc to Mr.S.Murugaiyan,Advocate, SR.No.25234 W.P.(MD)No.7999 of 2015 13.05.2015 pjl/ssl PA/20.05.2015/2P/7C https://hcservices.ecourts.gov.in/hcservices/