Thangavairan @ N.S.Vairan v. R.Rajasundar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.02.2025

CORAM:

THE HON'BLE MRS JUSTICE J. NISHA BANU AND THE HON'BLE MRS JUSTICE S.SRIMATHY Thangavairan @ N.S.Vairan ...Appellant -Vs1.R.Rajasundar 2.The Commissioner, No.119, Uthamar Gandhi Salai, Nungambakka, Chennai-600 034.

3.The Joint Commissioner, 4.The Assistant Commissioner, 5.The Tahsildar, 6.The Superintendent of Police, Madurai District, Madurai.

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7.The Deputy Superintendent of Police, Thiurmangalam, Madurai District.

8.The Inspector of Police, Taluk Police Station, Thirumangalam, 9.The Thakkar, Arulmigu Sundravalli Amman Thirukoil, Near Sithalai Village,

...Respondents

PRAYER:Writ Appeal- filed under Clause 15 of the Letters Patent Act, to set aside the order passed by this Court in W.P.(MD)No.505 of 2024 dated 23.02.2024.

For Appellants : Mr.R.Anand For R1 : Mr.P.Balamurugan For R3 to R4 : Mr.J.Ashok Additional Government Pleader

JUDGMENT

(Judgment of the Court was delivered by J.NISHA BANU, J.) Mr.P.Balamurugan, learned Counsel takes notice for the first respondent and Mr.J.Ashok, learned Additional Government Pleader, takes notice for the respondents 3 to 4. Considering the nature of the order proposed to be passed, notice to the respondents 5 to 8 is dispensed with. 2/6

2.By consent of both parties, this Writ Appeal is taken up for final disposal at the stage of admission itself.

3.This writ appeal is directed against the order of dismissal of this Court dated 23.02.2024 made in W.P.(MD)No.505 of 2024. 4.The writ petitioner is the President of Ooranadu Urappanur Arulmigu Sundarvalli Amman Thirukoil situated at Sithalai Village, Thirumangalam Taluk. There were disputes with regard to right over the property. In this regard, several proceedings were initiated by the appellant herein as well as by the respondents and the same are pending. While so, the first respondent herein had approached this Court seeking permission to conduct Maha Sivarathiri Massi Thiruvizha and this Court had also permitted the second respondent to conduct the festival. 5.

Now, the only grievance expressed by the learned counsel for the appellant is that the order passed in the writ petition is only to conduct Maha Sivarathiri Massi Thiruvizha for the year 2023 and the same could not have any bearing over the pending proceedings with regard to the dispute over the right of administration of the temple. However, the respondent is using the said order as a binding precedent in the connected matters pending before the civil Court.

6.The grievance expressed by the petitioner cannot be looked into in this appeal. It is for the petitioner to make a mention before the learned Single Judge and obtain a direction that the order passed in the writ petition will not have any bearing on the pending proceedings before the civil Court. 7.In view of the above, this Court is of the view that this writ petition is devoid of merits and the same is liable to be dismissed. Accordingly, this Writ Appeal is dismissed. No costs.

(J.N.B.,J.) (S.S.Y.,J.) 13.02.2025 Index : Yes/No Internet : Yes/No ta To 2.The Commissioner, No.119, Uthamar Gandhi Salai, Nungambakka, Chennai-600 034.

3.The Joint Commissioner, 4.The Assistant Commissioner, 4/6

5.The Tahsildar, 6.The Superintendent of Police, Madurai District, Madurai.

7.The Deputy Superintendent of Police, Thiurmangalam, Madurai District.

8.The Inspector of Police, Taluk Police Station, Thirumangalam, 9.The Thakkar, Arulmigu Sundravalli Amman Thirukoil, Near Sithalai Village, 5/6

J. NISHA BANU,J.

and S.SRIMATHY,J.

ta 13.02.2025 6/6