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Madras High CourtWP(MD)/12970/2016disposed of

D.Ramalingam, (48 Yrs) v. The Sub Collector Cum Sub

2016-07-26Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.07.2016

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD)No.12970 of 2016 and WMP(MD)Nos.9767 & 9768 of 2016 D.Ramalingam

...Petitioner

-vs1.The Sub Collector cum Sub Divisional Executive Magistrate, Pudukottai.

2.The Tahsildar, Alangudi Taluk & Post Pudukottai District 3.The Inspector of Police, Kothamangalam Police Station Keeramangalam via, Alangudi Taluk Pudukottai District 4.Pandiyan

...Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a writ of Certiorarified Mandamus calling for records of the 1st respondent in Na.Ka.No.A3/2913/2016 dated 19.07.2016 and to quash same as illegal and arbitrary and forbear the 4th respondent conducting the festival on 27.07.2016 and 03.08.2016 on the basis of the impugned order passed by the 1st respondent.

For Petitioner : M/s.P.Ganpathi Subramanian For Respondent : Mr.D.Muruganandham Addl. Govt. Pleader for R1 to R3 Mr.M.S.Jeya Karthik for R4

O R D E R

The writ petition has been filed challenging the order passed by the 1st respondent in Na.Ka.No.A3/2913/2016 dated 19.07.2016 and for a consequential direction to forbear the 4th respondent from conducting the festival on 27.07.2016 and 03.08.2016. 2.Mr.D.Muruganandham, learned Additional Government Pleader, takes notice for the respondents. By consent, the writ petition itself is taken up for final disposal.

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3.Heard the learned counsel appearing for the petitioner, the learned Additional Government Pleader appearing for the respondents 1 to 3 and the learned counsel for the 4th respondent. 4.The learned counsel appearing for the petitioner would submit that the petitioner and the worshippers belong to Kothamangalam Village, Alangudi Taluk, Pudukottai District and they sought for permission of the respondents to offer prayers in Muthu Mariamman and Sri Pidariamman Temples. However, the the respondents have granted permission to the 4th respondent to conduct the festival.

5.The learned counsel for the 4th respondent, on instructions, would submit that there is an undertaking by the 4th respondent that the petitioner and the village worshippers belong to Kothamangalam Village will not be prevented from entering into the Temple and to offer their worship. The said undertaking given by the 4th respondent is hereby recorded.

6. In terms of the said undertaking, this writ petition is disposed of. No costs. Consequently connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar(CS) Madurai Bench of Madras High Court, Madurai-23.

To 1.The Sub Collector cum Sub Divisional Executive Magistrate, Pudukottai.

2.The Tahsildar, Alangudi Taluk & Post Pudukottai District 3.The Inspector of Police, Kothamangalam Police Station Keeramangalam via, Alangudi Taluk, Pudukottai District.

+1cc to M/s.M.S.Jayakarthik, Advocate in SR.39911 +1cc to M/s.P.Ganapathi Subramanian, Advocate in SR.39602 +1cc to the Special Government Pleader, in SR.39437 W.P(MD)No.12970 of 2016 26.07.2016 rr.

PBK/AAL-MPA 02/08/2016 ::2P-7C::

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