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Madras High CourtWP(MD)/15011/2019dismissed

J.Rajamarthandam v. The District Collector

2021-12-13Honourable Dr Justice G. Jayachandran3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 13.12.2021

CORAM

THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN and W.M.P.(MD)No.11513 of 2019 J.Rajamarthandam ... Petitioner Vs.

1.The District Collector, Tuticorin District, Tuticorin - 628 001.

2.The Revenue Divisional Officer, Tiruchendur Revenue Division, Tiruchendur.

3.The Tahsildar, Eral Taluk, Eral, Tuticorin District.

4.The Deputy Superintendent of Police, Sathankualm, Tuticorin District.

5.The Inspector of Police, Nazareth Police Station, Tuticorin District.

6.T.Rajapandian 7.D.Suresh Kumar 8.P.Ganesan ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for issuance of a Writ of Mandamus, directing the respondents 1 to 5 to consider the representation dated 13.06.2019 given by the petitioner along with the Villagers and pass orders within a time frame as may be fixed by this Court with regard to conducting any festival to Arulmigu Katerum Perumal Thirukoil, without consulting the Villagers of Kandasamipuram and Vaguthankuppam.

For Petitioner : No Appearance For Respondent Nos.1 to 5 : Mr.B.Thanga Aravindh Government Advocate 1/3

(Crl. Side) For Respondent Nos.6 & 7 : Mr.M.Shahul Hameed For Respondent No.8 : Mr.D.S.Haroon Rasheed

ORDER

No representation for the petitioner.

2.A perusal of the Writ Petition indicates that a representation dated 13.06.2019 was forwarded by the petitioner herein to the respondents 1 to 5 not to permit the respondents 6 to 8 for conducting Arulmigu Katerum Perumal Thirukovil festival without consulting other Villagers of Kandasamipuram and Vaguthankuppam. In the Writ Petition itself, it is stated that the private respondents have unilaterally usurps the administration of the temple and trying to conduct the festival collecting contribution from the Villagers and therefore, they should be prevented from conducting the temple festival.

Whereas, the learned Government Advocate (Criminal side) would submit that the sixth respondent herein has given a complaint to the Nazareth Police against six persons, who form part of the petitioner's group alleging that they have forged the signatures of the Villagers in the N.O.C. in favour of the Church Committee, who planned to construct a Church near the temple. Being aggrieved by the criminal case registered against him, the petitioner herein has filed this Writ Petition as if the Villagers of Kandasamipuram and Vaguthankuppam being neglected by the private respondents while conducting the temple festival.

3.This Writ Petition is filed by a single individual carrying the cause of two Villagers. However, the records produced by the learned Government Advocate (Criminal side) indicates that the Writ Petition is filed to settle the score with the respondents 6 to 8 and prevent them from conducting the temple festival. The learned Government Advocate (Criminal side) further submits that the temple festival has been well organized and conducted without any complaint from the Villagers.

4.Recording the same, this Writ Petition is dismissed as devoid of merits. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar () // True Copy // / /2021 Sub Assistant Registrar(CS) smn2 2/3

To 1.The District Collector, Tuticorin District, Tuticorin - 628 001.

2.The Revenue Divisional Officer, Tiruchendur Revenue Division, Tiruchendur.

3.The Tahsildar, Eral Taluk, Eral, Tuticorin District.

4.The Deputy Superintendent of Police, Sathankualm, Tuticorin District.

5.The Inspector of Police, Nazareth Police Station, Tuticorin District.

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

13.12.2021 RK(20/12/2021) 3P 7C 3/3