A.Murugesan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY A.Murugesan ... Petitioner Vs

1. The District Collector, Dindigul District, Dindigul.

2. The Tahsildar, Dindigul West, Dindigul.

3. S.Gowthaman ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the first respondent to consider the petitioner's representation dated 05.05.2025 and grant permission to conduct Palalaya Pooja and Kumbaabisekam to Sri Kali Amman, Sri Mari Amman and Sri Bhagavathy Amman Temple at Nanthavanapatti Village, Dindigul District. 1/5

For Petitioner : Mr.S.Sukumar For R-1 & 2 : Mr.K.S.Selvaganesan Additional Government Pleader For R-3 : Mr.M.K.Sachin Rahul for C.Arul Vadivel Associates

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the first respondent to consider the petitioner's representation dated 05.05.2025 and grant permission to conduct Palalaya Pooja and Kumbaabisekam to Sri Kali Amman, Sri Mari Amman and Sri Bhagavathy Amman Temple at Nanthavanapatti Village, Dindigul District.

2. It is seen from the records that the petitioner and the third respondent are already having litigation before this Court. One such petition was filed in W.P. (MD)No.12985 of 2024 dated 14.06.2024. The said writ petition was filed seeking certiorarified mandamus to quash the order dated 13.06.2024 and consequently sought permission to conduct the temple festival. In the order dated 13.06.2024, a resolution was passed in the Peace Committee meeting allowing the petitioner to conduct the festival during one week and the sixth respondent during another week. The learned Single Judge after hearing the rival submissions, has held as under:

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"4. Recording the undertaking given by sixth respondent to move the juridictional civil court, this writ petition is disposed of. The temple festival for this year will go on as per the impugned proceedings. I have not interfered with the impugned order only because of the undertaking given by the sixth respondent through his counsel. If such an undertaking has not been given, I would have definitely set aside the impugned order."

The learned Single Judge permitted the petitioner to conduct festival as per the order dated 13.06.2024. Further, it is directed that the sixth respondent shall approach the appropriate civil court for establishing his right. Against which the sixth respondent has preferred an appeal in W.A.Nos.1296 and 1426 of 2024.

3. In the present case, the petitioner is seeking permission to conduct kumbaabishekam. Since the rights of the parties are not determined by the appropriate civil court, neither the petitioner nor the third respondent can be permitted to conduct kumbaabishekam. Therefore, the present writ petition cannot be entertained. However, liberty is granted to the petitioner as well as the third respondent to approach the appropriate civil court, if so advised.

4. With the above said directions, this Writ Petition stands dismissed. There 3/5

shall be no order as to costs.

01.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes jbr To:

1. The District Collector, Dindigul District, Dindigul.

2. The Tahsildar, Dindigul West, Dindigul.

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S.SRIMATHY , J.

jbr ORDER MADE IN DATED : 01.07.2025 5/5