Madras High CourtWP(MD)/15675/2016closed

Chandran, v. The Superintendent Of Police

2016-08-23Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.08.2016

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD)No.15675 of 2016 Chandran ... Petitioner -vs1.The Superintendent of Police Karur District, Karur.

2.The Assistant Commissioner HR & CE Department Karur District, Karur.

3.The Inspector HR & CE Department Kulithalai, Kulithalai Taluk Karur District.

4.The Inspector of Police Kulithalai Police Station Karur District 5.Kavadaiyan ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the respondents 2 and 3 to give customary right of first respect to the petitioner Kuppureddipatti village people in the temple festival of "Arulmigu Sadachiyamman Temple"and "Kolakara Mariyamman Temple" situated at Aadhinatham, Maruthur Village, Kulithalai Taluk, Karur District which will be held in the Tamil month of Avani by considering the representation dated 10.08.2016.

For Petitioner : Mr.R.Murugappan For Respondents : Mr.D.Muruganandham Addl. Govt. Pleader

O R D E R

The writ petition has been filed for issuance of a Writ of Mandamus, directing the respondents 2 and 3 to give customary right of first respect to the petitioner Kuppureddipatti village people in the temple festival of "Arulmigu Sadachiyamman Temple"and "Kolakara Mariyamman Temple" situated at Aadhinatham, Maruthur Village, Kulithalai Taluk, Karur District, which will be held in the Tamil month of Avani by considering the representation dated 10.08.2016. https://hcservices.ecourts.gov.in/hcservices/

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.

3.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

4. The learned counsel for the petitioner would submit that the petitioner's village people is entitled for customary right of first respect to the in the temple festival of "Arulmigu Sadachiyamman Temple"and "Kolakara Mariyamman Temple" situated at Aadhinatham, Maruthur Village, Kulithalai Taluk, Karur District. Therefore, the petitioner sent a representation to the respondents on 10.08.2016. However, the said representation has not been considered so far. Hence, the petitioner is before this Court with this writ petition. 5.The learned Additional Government Pleader appearing for the respondents, on instructions, would submit that the remedy open to the petitioner is available under Section 63(e) of the HR & CE Act and therefore, the 2nd respondent may be directed to consider the representation of the petitioner.

6.In view of the submission made by the learned Additional Government Pleader, the Writ Petition is disposed of with a direction to the 2nd respondent to consider the representation of the petitioner dated 10.08.2016 and pass orders on merits and in accordance with law as expeditiously as possible. No costs.

Sd/- Assistant Registrar[AE] /True copy/ Sub Assistant Registrar - AE RR To 1.The Superintendent of Police Karur District, Karur.

2.The Assistant Commissioner HR & CE Department, Karur District, Karur.

3.The Inspector, HR & CE Department Kulithalai, Kulithalai Taluk, Karur District. 4.The Inspector of Police Kulithalai Police Station, Karur District 1CC TO THE SPL GOVT PLEADER SR: 46548 1CC TO MR. R. MURUGAPPAN, ADVOCATE SR: 46703 AM GSV PM SAR-AE 2P 7C 24 8 16 ORDER MADE IN W.P(MD)No.15675 of 2016 23.08.2016 https://hcservices.ecourts.gov.in/hcservices/