K.Ramar, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:22.02.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.(MD)No.2252 of 2017 and W.M.P.(MD)Nos.1864 to 1866 of 2017 K.Ramar ... Petitioner Vs.

1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

3.The Revenue Divisional Officer, Paramakudi, Ramanathapuram District.

4.The Tahsildar, Kadaladi Taluk, Ramanathapuram District.

5.The Inspector of Police, Perunali Police Station, Kamuthi Taluk, Ramanathapuram District.

6.Anburaj 7.Gohusamy 8.Arjunan 9.Boomibai 10.C.Appanasamy 11.Shanmugaraj 12.Ayyarappan 13.Selvaraj 14.Rajamani 15.Vasuki 16.Padma 17.Chithra 18.Vellaithai 19.Thangapappa .. Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 to 5 to take immediate steps to forbear the celebration of Arulmigu Sri Pathrakaliamman and Sri Vadugatchiamman Mahasivarathri festival to the exclusion of the petitioner and his family members and further direct the 1st and 2nd respondents to issue necessary instructions to the respondents No.3 to 5 to permit the entire villagers without exclusion / excommunication of any family. For Petitioner :

Mr.R.Murugan For Respondents :

Mr.A.Muthukaruppan Additional Government Pleader (R1 to R5) Mr.C.Jeganathan for M/S. Veera Associates (for R6 to R19)

O R D E R

The petitioner seeks for a direction to the respondents 1 to 5 to take immediate steps to forbear the celebration of Arulmigu Sri Pathrakaliamman and Sri Vadugatchiamman Mahasivarathri festival to the exclusion of the petitioner and his family members and seeks further direction to the 1st and 2nd respondents to issue necessary instructions to the respondents Nos.3 to 5 to permit the entire villagers without exclusion / excommunication of any family. 2.According to the petitioner, the respondents 6 to 19, who are also villagers in the very same village, where the petitioner belongs, are preventing the petitioner and his family members from taking part in the above temple festival. In view of such grievance expressed by the petitioner, it appears that the fifth respondent has conducted an enquiry and found that the respondents 6 to 19 are not preventing the petitioner or his family members from participating in the temple festival.

3.The learned Additional Government Pleader appearing for the respondents 1 to 5, based on instructions obtained from the fifth respondent, submitted so.

4.The learned counsel appearing for the respondents 6 to 19 before this Court has also reiterated the very same contention stating that they are not preventing the petitioner and his family members from taking part in the temple festival. 5.Such being the present state of affairs, I do not think that the petitioner can have any grievance since he is not being prevented from taking part in the temple festival, as like any other villagers. Therefore, this writ petition is disposed of by recording the above submissions made by the learned Additional

Government Pleader and also the learned counsel for the respondents 6 to 19. It is also made clear that in spite of this undertaking given by the respondents, if there is any law and order problem, it is open to the official respondents to take control of the situation and see that there is no law and order problem in the village, while the festival is performed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

3.The Revenue Divisional Officer, Paramakudi, Ramanathapuram District.

4.The Tahsildar, Kadaladi Taluk, Ramanathapuram District.

5.The Inspector of Police, Perunali Police Station, Kamuthi Taluk, Ramanathapuram District.

+1cc to Mr.R.MURUGAN, Advocate Sr.No. 9797 +1cc to M/S.VEERA ASSOCIATES, Sr.No. 10018 +1cc to Special Government Pleader SR.No.10079 W.P.(MD)No.2252 of 2017 and W.M.P.(MD)Nos.1864 to 1866 of 2017 22.02.2017 SMA/RSK/SAR-1/23.02.2017:3P/9C