Selvaraj M v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Monday, the Twenty Fourth day of April Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice C.V.KARTHIKEYAN IN WP(MD) No.9126 of 2023 WMP(MD)NO.8597/2023 :
M.SELVARAJ ... PETITIONER/PETITIONER Vs 1 THE DISTRICT COLLECTOR KARUR DISTRICT.
2 THE REVENUE DIVISIONAL OFFICER, KULITHALAI, KARUR DISTRICT.
3 THE THASILDAR KULITHALAI TALUK, KARUR DISTRICT.
4 THE EXECUTIVE OFFICER A/M.SRI RATHNAGIRISWARAR TEMPLE, AYYARAMALAI, KULITHALAI TALUK, KARUR DISTRICT.
... RESPONDENTS/RESPONDENTS 5 M.SENTHILKUMAR 6 VASANTHAKUMAR 7 MANICKAM 8 SELVAM 9 MALAYAPPAN 10 RAJALINGAM ... RESPONDENTS 5 TO 10/PROPOSE PARTIES Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to implead the proposed parties herein as the respondents 5 to 10 in the above writ petition.
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WP(MD)NO.9126/2023 :
M.SELVARAJ ... PETITIONER Vs 1 THE DISTRICT COLLECTOR, KARUR DISTRICT.
2 THE REVENUE DIVISIONAL OFFICER, KULITHALAI, KARUR DISTRICT.
3 THE THASILDAR KULITHALAI TALUK, KARUR DISTRICT.
4 THE EXECUTIVE OFFICER A/M.SRI RATHNAGIRISWARAR TEMPLE, AYYARAMALAI, KULITHALAI TALUK, KARUR DISTRICT.
... RESPONDENTS (*)5 M.SENTHILKUMAR S/O.MANICKAM, KAMARAJAR SALAI, RAILWAY STATION ROAD, KULITHALAI, KARUR DISTRICT. 6 VASANTHAKUMAR S/O.NOT KNOWN, CARE OF K.M.SENTHILKUMAR, S/O.MANICKAM, KAMARAJAR SALAI, RAILWAY STATION ROAD, KULITHALAI, KARUR DISTRICT. 7 MANICKAM S/O.RAMAN, CARE OF K.M.SENTHILKUMAR, S/O.MANICKAM, KAMARAJAR SALAI, RAILWAY STATION ROAD, KULITHALAI, KARUR DISTRICT. 8 SELVAM S/O.ARUMUHAM, CARE OF K.M.SENTHILKUMAR, S/O.MANICKAM, KAMARAJAR SALAI, RAILWAY STATION ROAD, KULITHALAI, KARUR DISTRICT. 9 MALAYAPPAN S/O.MARRIYAPPAN, CARE OF K.M.SENTHILKUMAR, S/O.MANICKAM, KAMARAJAR SALAI, RAILWAY STATION ROAD, KULITHALAI, KARUR DISTRICT. 10 RAJALINGAM S/O.RAJU, CARE OF K.M.SENTHILKUMAR, S/O.MANICKAM, KAMARAJAR SALAI, RAILWAY STATION ROAD, KULITHALAI, KARUR DISTRICT.
... RESPONDENTS 5 TO 10 (*)(R5 TO R10 ARE IMPLEADED VIDE COURT ORDER DATED 24.04.2023 IN WMP(MD).8597/2023 IN WP (MD).9126/2023) 2/4
Prayer in WP(MD). 9126/ 2023 :
To issue a Writ of Mandamus direct the respondents 1 to 3 for granting permission to put up a temporary shed in S.No. 46/1 and to conduct Annadhanam in the Kutti Mandapam, situated in S.No. 46/2, in Satyamangalam Village in Kulithalai Taluk, Karur District , during the Chitra Car Festival of the 4th respondent temple, Which is schedule to be held on 02.05.2023 and 03.05.2023, by considering his representation dt. 10.04.2023.
ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.SURIYANARAYAN.R, Advocate for the petitioner and of MR.N.MUTHU VIJAYAN, Special Government Pleader on behalf of the Respondent Nos.1 to 3 and MR.M.SENTHIL AYYANAR, Government Advocate on behalf of the 4th Respondent and MR.K.DINESH, Advocate on behalf of the impleaded respondent Nos.5 to 10, the court made the following order:- This petition has been filed to implead the proposed parties as further respondents in the Writ Petition.
2.In the affidavit filed in support of this petition, it had been stated that the proposed respondents are likely to create trouble disturbing public peace.
3.In view of this fact, it would only be appropriate that any order passed in this Writ Petition is passed in the presence of the said respondents. Hence, this petition stands allowed. W.P.(MD)No.9126 of 2023:- 4.In view of the fact that W.M.P.(MD)No.8597 of 2023 had been allowed, Registry to carry out necessary amendments reflecting the said respondents as further respondents in the Writ Petition. 5.A report had been forwarded, dated 06.05.2022 in Na.Ka.A3/2533/2022, wherein, it had been very specifically stated that the claim of the Writ Petitioner that they do vadakayiru is not based on facts and they have not been doing so. The Annadhanam may be proceeded further, but however, as was done earlier by the 6-10 respondents, who have been newly impleaded. Let a counter be filed in the Writ Petition.
6.List the matter on 28.04.2023. If it is possible, the petitioner and the respondents may join together, otherwise, this order will be reiterated on 28.04.2023.
sd/- 24/04/2023 / TRUE COPY / 27/04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1 THE DISTRICT COLLECTOR, KARUR DISTRICT.
2 THE REVENUE DIVISIONAL OFFICER, KULITHALAI, KARUR DISTRICT. 3 THE THASILDAR, KULITHALAI TALUK, KARUR DISTRICT. THE EXECUTIVE OFFICER, A/M.SRI RATHNAGIRISWARAR TEMPLE, AYYARAMALAI, KULITHALAI TALUK, KARUR DISTRICT. +1 CC TO MR.K.DINESH, ADVOCATE, SR-6502[I]
ORDER
IN IN WP(MD) No.9126 of 2023 Date :24/04/2023 RS/VR/SAR-2(27.04.2023) 4P 6C 4/4