Mariyappan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.08.2016
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD).No.14818 of 2016 **** 1.Mariyappan 2.Kandasamy ...
Petitioners Vs 1.The District Collector, Collectorate Office, Karur District.
2.The Revenue Divisional Officer, Melapalayam Village, Karur District.
... Respondents Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the second respondent to conduct enquiry on the petitioner's representation dated 26.05.2016.
For petitioners :Mr.M.M.Iqbal For Respondents : Mr.J.Gunaseelan Muthiah Government Advocate ********
ORDER
The petitioners have come to this Court seeking to issue a Writ of Mandamus, directing the Revenue Divisional Officer, Melapalayam Village, Karur District, to conduct an enquiry on their representation, dated 26.05.2016.
2. Learned counsel for the petitioners submitted that the petitioners and other village people have been worshipping the deity, namely, Sri Bagavathi Amman, and that eversince the date of construction, he has been administering the temple. Due to his dedication, the first petitioner used to receive first honour and enraged over it, one Selvaraj along with seven others, suddenly https://hcservices.ecourts.gov.in/hcservices/
took over the administration of the temple and started ostracizing the petitioners. As a result, during the festivity of the said temple, they restrained from collecting annual festival fees from the petitioners and also, did not allow them to participate in the celebrations. In this regard, the petitioners preferred a detailed representation to the respondents on 26.05.2016. Since the said representation has not been considered so far, they are before this Court.
3.
Mr.J.Gunaseelan Muthiah, after taking notice, submitted that since there were some irregularities in managing the temple by the first petitioner, a dispute arose between the petitioners and the said Selvaraj. Since the petitioners'
endeavour to portrait a personal dispute with his opponents as if it is an instance of social boycott, no direction is required to be issued, he pleaded.
4.
Considered the submissions made on either side and perused the materials available on record.
5. This Court hardly finds any substance in the affidavit filed in support of this Writ Petition so as to direct the authorities to consider the representation of the petitioners, dated 25.06.2016. The affidavit is totally bereft of any basic details, like, from when onwards, the first petitioner has been managing the temple and similarly, from when, the petitioners and their family members were prevented from taking part in the temple festival. There being no clear averments in the affidavit, this Court is not inclined to entertain the plea of the petitioners. 6.
In this view of the matter, this Writ Petition is dismissed. However, there will be no order as to costs. Sd/- Assistant Registrar(T&P) /True Copy/ Sub-Assistant Registrar To 1.The District Collector, Collectorate Office, Karur District.
2.The Revenue Divisional Officer, Melapalayam Village, Karur District.
+One cc to The Special Government Pleader, SR.No.44394 ssm RL/4C/2P/PV/7/9/2016 W.P(MD).No.14818 of 2016 12/08/2016 https://hcservices.ecourts.gov.in/hcservices/