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Madras High CourtWP(MD)/11138/2016disposed of

Thangaraj, v. The District Collector,

2016-07-22Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.06.2016

CORAM:

THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD) No.11138 of 2016 Thangaraj ... Petitioner -vs1.

The District Collector, Collectorate Campus, Trichy.

2.

The Superintendent of Police, Office of the Superintendent of Police, Trichy District.

3.

The Tahsildar, Manapparai Taluk, Manapparai, Trichy District.

4.

The Inspector of Police, Vaiyampatti Police Station, Vaiyampatti, Trichy District.

5.

Rajalingam ... Respondents (R5 impleaded by this Court on 29.06.2016) Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, directing the respondents herein to provide adequate police protection for installing the "Stone Idol of Arulmigu Sri Kaliyamman Temple situated at Karattupatti Vellalapatti Post Manapparai Taluk Trichy District" in connection with the temple festival is scheduled to be held on 28.06.2016 to 30.06.2016 on the basis of the Peace Committee Decision dated 25.03.2015. For Petitioner :

Mr.A.Joel Paul Antony For R1 to R4 :

Mr.D.Muruganandam, Addl. Govt. Pleader For R5 :

Mr.A.Thiyagarajan

O R D E R

The writ petition has been filed for issuance of a Writ of Mandamus, directing the respondents herein to provide adequate police protection for installing the Stone Idol of Arulmigu Sri Kaliyamman Temple situated at Karattupatti, Vellalapatti Post, Manapparai Taluk, Trichy District in connection with the temple festival scheduled to be held on 28.06.2016 to 30.06.2016 on the basis of the Peace Committee Decision dated 25.03.2015.

2. Heard the learned counsel appearing for the petitioner, learned counsel for the impleaded 5th respondent and the learned Additional Government Pleader appearing for the respondents 1 to 4. https://hcservices.ecourts.gov.in/hcservices/

3. It is seen that there is a resolution in the Peace Committee Meeting, in which the petitioner and the 5th respondent participated and agreed to abide by the decision taken thereon with regard to erection of statue (Stone Idol of Arulmigu Sri Kaliyamman) in the Temple.

4. Under such circumstances, this Writ Petition is disposed of with a direction to the parties to adhere to the terms and conditions of the resolution in the Peace Committee Meeting. However, it is made clear that erection of statue will not confer any right, title or interest in the statue or in the Temple to any of them. Any right whatsoever claimed by the parties will be decided only by the competent Civil Court. The process of erection shall commence after the festival is over, i.e., on or after 03.07.2016. No costs.

Sd/ Assistant Registrar(CS-II) /TRUE COPY/ Sub Assistant Registrar(CS-I) To:

1.

The District Collector, Collectorate Campus, Trichy.

2.

The Superintendent of Police, Office of the Superintendent of Police, Trichy District.

3.

The Tahsildar, Manapparai Taluk, Manapparai, Trichy District.

4.

The Inspector of Police, Vaiyampatti Police Station, Vaiyampatti, Trichy District.

+1cc to M/S.A.Joel Paul Antony, Advocate in SR.No.33985 W.P. (MD)No.11138 of 2016 29.06.2016 ar PA/NGM-MP/SAR I/01.07.2016/2P/6C https://hcservices.ecourts.gov.in/hcservices/