Dhatchinamoorthy v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.01.2025
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Dhatchinamoorthy ... Petitioner Vs 1.The District Collector, Thoothukdi District, Thoothukudi.
2.The Revenue Divisional Officer, Tiruchendur, Thoothukudi District.
3.The Tashildar, Taluk Office, Tiruchendur Taluk, Thoothukudi District.
4.The Inspector of Police, Tiruchendur Police Station, Thoothukudi District.
5.Nallakutti ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to conduct proper enquiry among the deities and also the executive committee Na.Ka.No.M3/100/2020 dated 19.12.2020 in the petitioner's representation dated 28.04.2022. Further to allow the petitioner's committee to conduct festival of Arulmigu Narayanaswamy Temple, Arulmighu Katerum Perumal Temple, 1/5
Arulmighu Katerum Perumal Temple and Arulmighu Parvathi Amman Temple of Potharanganvilai, Paramankurichi Village and Post, Tiruchendur Taluk, Thoothukudi District.
For Petitioner : Mr.A.Gandiyappan For RR 1 to 4 : Mr.S.Shanmugavel Additional Government Pleader For R - 5 : Mr.V.Rajiv Rufus
ORDER
This Writ Petition has been filed by the petitioner for a direction directing the respondents 1 to 3 to conduct proper enquiry among the deities and also the executive committee dated 19.12.2020 in the petitioner's representation dated 28.04.2022. Further to allow the petitioner's committee to conduct the festival of Arulmigu Narayanaswamy Temple, Arulmighu Katerum Perumal Temple and Arulmighu Parvathi Amman Temple of Potharanganvilai, Paramankurichi Village and Post, Tiruchendur Taluk, Thoothukudi District.
2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 2/5
3.It is seen that there is a dispute between the petitioner and the fifth respondent in respect of conducting festival for the Arulmigu Narayanaswamy Temple, Arulmighu Katerum Perumal Temple and Arulmighu Parvathi Amman Temple of Potharanganvilai, Paramankurichi Village Temples. Further, these Temples are private Temples and are not coming under the purview of Hindu Religious and Charitable Endowment Act. That apart, already the petitioner filed a suit in O.S.No.59 of 2020 on the file of the District Munsif Court, Tiruchendur and it is pending for trial. Further, already the petitioner filed a Writ Petition in W.P(MD)No. 21146 of 2021 and this Court by order dated 23.12.2021 dismissed the Writ Petition on the ground that already the petitioner filed a suit and it is pending for adjudication.
Therefore, the representation submitted by the petitioner cannot be considered and the Writ Petition itself is devoid of merits and the same is liable to be dismissed. Accordingly, this Writ Petition is dismissed. The petitioner is at liberty to seek an appropriate remedy before the pending suit in O.S.No.59 of 2020 on the file of the District Munsif Court, Tiruchendur for appropriate relief. There shall be no order as to costs.
29.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes 3/5
To 1.The District Collector, Thoothukdi District, Thoothukudi.
2.The Revenue Divisional Officer, Tiruchendur, Thoothukudi District.
3.The Tashildar, Taluk Office, Tiruchendur Taluk, Thoothukudi District.
4.The Inspector of Police, Tiruchendur Police Station, Thoothukudi District.
4/5
G.K.ILANTHIRAIYAN, J.
ps Order made in 29.01.2025 5/5