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Madras High CourtWP(MD)/13966/2019disposed of

P.Perumal, v. The District Collector,

2020-03-10Honourable Mr Justice C.V. Karthikeyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.03.2020

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P(MD)No.13966 of 2019 P.Perumal ... Petitioner Vs.

1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Tahsildar, Ponamaravathi Taluk, Pudukkottai District.

3.The Revenue Divisional Officer, Pudukottai District, Pudukottai.

4.Pitchan 5.Senthil 6.Chinnaiah 7.Velu 8.Ganesan .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct respondents 1 and 2 to take necessary action on the basis of the petitioner's representation dated 29.03.2019 with regard to participate and celebrating the temple festival in the petitioner's village namely Nallur Bagavathi Mariamman Temple at Nallur, Ponnamaravathi Taluk, Pudukottai District.

For Petitioner : Mr.D.Anbarasu For Respondents : Mr.C.M.Mari Chelliah Prabhu Additional Government Pleader (for R1 toR3) Mr.AN.Ramanathan (for R4 to R8)

ORDER

The writ petition is filed in the nature of Mandamus seeking a direction to the respondents 1 and 2, namely, the District Collector, Pudukkottai District and the Tahsildar, Ponamaravathi Taluk, Pudukkottai District to take necessary action on the basis of the representation dated 29.03.2019 given by the petitioner and seeking permission to participate in the temple festival in Nallur 1/4

Bagavathi Mariamman Temple, Ponamaravathi Taluk in Pudukkottai District.

2.It is stated by the learned counsel appearing for the respondents 4 to 8 that the petitioner has lodged a complaint against the respondents 4 to 8 alleging that they are preventing him from participating in the temple festival. He would further submit that in this regard, a representation was given by the petitioner on 29.03.2019. But, the same was actually sent only on 03.06.2019. Pointing out this fact, the learned counsel stated that the petitioner has no direct cause of action and has filed the writ petition, though no one has prevented the petitioner or any of the family members for participating in the temple festival. 3.The contention of the learned counsel for the petitioner is that one of his relatives viz., Velu has married a person of his choice.

Therefore, the petitioner and his family members, according to the petitioner, may be prevented from participating in any of the function of the Nallur Bagavathi Mariamman Temple. 4.This statement is denied. The second respondent/Tahsildar had conducted a Peace committee Meeting. Finally, it is stated by the learned Additional Government Pleader that there would be no objection nor would there be any complaint that there is an objection for the petitioner participating in the temple festival. 5.It is stated by the learned counsel for the petitioner that function is scheduled on 15.03.2020 and 16.03.2020. 6.The petitioner may participate in the said function. There can be no objection from any person for participating in the function.

The petitioner may participate as a ordinary village member in the function along with his relatives and with his family members. I am sure that the respondents 4 to 8 will have no objection for the same. The Tahsildar may also ensure that the petitioner and his family members have no cause for grievance. 7.With the above observations, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (co) // True Copy // / /2020 Sub Assistant Registrar(CS) 2/4

rmk To 1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Tahsildar, Ponamaravathi Taluk, Pudukkottai District.

3.The Revenue Divisional Officer, Pudukottai District, Pudukottai.

+1 CC to SPL.GP ( SR-11303[F] dated 12/03/2020 ) +1 CC to Mr.D.ANBARASU, Advocate ( SR-10951[F] dated 11/03/2020 ) +1 CC to Mr.A.N.RAMANATHAN, Advocate ( SR-10978[F] dated 11/03/2020 ) W.P(MD)No.13966 of 2019 10.03.2020 VB(13.03.2020) 3P 7C 3/4