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Madras High CourtWP(MD)/13563/2019dismissed

Ganesamurthy, v. The District Collector,

2020-03-02Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.03.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.10107 and 10108 of 2019 Ganesamurthy ... Petitioner Vs 1.The District Collector, Thanjavur District, Thanjavur - 613 001.

2.The Superintendent of Police, Thanjavur District, Thanjavur - 613 001.

3.The Tahsildar, Peravoorani Taluk, Thanjavur District - 614 804.

4.The Inspector of Police, Sethubavasathiram Police Station, Thanjavur District - 614 802.

5.Muthuvairvan 6.Jaganathan 7.Balakrishnan 8.Annadurai 9.Paandi 10.Ganesan 11.Durairaj 12.Ponnaiyyan 13.Gopinath 1/3

14.Neelakandan 15.Ramachandran 16.Saminathan 17.Shanmugalingam ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 to 4 to ensure that the SRI SAMBASIVAN TEMPLE is kept open at Udayanadu village, Peravoorani Taluk, Thanjavur District for the conduct of the yearly festival called as Kudhiray Eduppu Matrum Ursava Poojai Thiruvizha (Fjpiu vLg;g [ kw;Wk ; cw;rt g{iI jpUtpHh) by the petitioner and the people of the 5 Karays comprising of about 115 to 120 families of Udayanadu village on the 17th and 18th Jude 2019 or any other dates on which it may be scheduled and held. For Petitioner : Mr.P.Prabhu For Respondents : Mrs.M.Ananathadevi Govt. Advocate for R1 to R4 Mr.D.R.Murugesan for R5 to R17

ORDER

This writ petition has been filed for directing the authorities to keep open the petition mentioned temple during the conduct of the annual festival. The temple in question is not under the control of HR & CE department. The exact nature of the temple is not quite known. The petitioner is having dispute with the private respondents also. The case of this nature will have to be adjudicated only by the Jurisdictional Civil Court. No relief can be granted in this writ petition. Therefore leaving open all the rights of the petitioner and that of the private respondents, the writ petition is dismissed. No costs.

Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CO) // True Copy // / /2020 Sub Assistant Registrar(CS) ias 2/3

To:

1.The District Collector, Thanjavur District, Thanjavur - 613 001.

2.The Superintendent of Police, Thanjavur District, Thanjavur - 613 001.

3.The Tahsildar, Peravoorani Taluk, Thanjavur District - 614 804.

4.The Inspector of Police, Sethubavasathiram Police Station, Thanjavur District - 614 802.

+1 CC to M/s.D.R.MURUGESAN, Advocate ( SR-9724[F] dated 03/03/2020 ) +1 CC to M/s.P.PRABHU, Advocate ( SR-9824[F] dated 03/03/2020 ) 02.03.2020 ns(CO) TR(11.03.2020) 3P 7C 3/3