Madras High CourtWP(MD)/16575/2019dismissed as infructuous

S.P.Bose v. The Sub Collector/Revenue Divisional Officer,

2019-08-20Honourable Mr Justice V. Bharathidasan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN and W.M.P.(MD).Nos.13217 and 13218 of 2019 S.P.Bose ... Petitioner Vs.

1.The Sub Collector/Revenue Divisional Officer, Sub Collector Office, Ram Nagar, Devakottai, Sivagangai District.

2.The Tahsildar, Tahsildar Office, Devakottai, Sivagangai District.

3.The Joint Commissioner, HR and CE, Sivagangai District.

4.The Executive Officer, HR and CE, Arulmigu Muthumariamman Thirukovil, Devakottai, Sivagangai District.

5.The Inspector of Police, Devakottai Town Police Station, Devakottai, Sivagangai District.

6.Karuppiah ... Respondents Prayer :

Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order of the first respondent dated 22.07.2019 in Ku.Va.AA1/15/2017 confirming the order of the second respondent 1/3

dated 19.07.2019 in Na.Ka.A1/3678/2017 and quash the same and consequently direct the respondents 1 and 5 to follow the system of draw of lots to choose the person to carry the Karagam by mentioning 5 names from both communities as done in the earlier year.

For Petitioner : Mr.J.Anand Kumar For Respondents : Mr.K.K.Ramakrishnan R1 to R5 Additional Public Prosecutor

O R D E R

This Writ Petition has been filed challenging the order passed by the first respondent dated 22.07.2019, in a Peace Committee Meeting conducted by him relating to conduct a festival in Arulmighu Muthumariamman Temple, Devakottai.

2. The learned Additional Public Prosecutor would submit that the above festival said to have held during the month of Aadi. Now, the festival period is over and nothing remains to be adjudicated in the writ petition.

3. However, the learned counsel appearing for the petitioner would submit that there is a dispute regarding hereditaryship of the temple and the Original Application filed under Section 6(3) (e) of the Tamil Nadu Hindu Religious and Charitable Endowment Act 22 of 1959, is pending before the Joint Commissioner, H.R. and C.E., Sivagangai in O.A.No.5 of 2016 and the third respondent may be directed to dispose of the said application as expeditiously as possible.

4. Considering the above request, the third respondent is directed to consider the petitioner's application filed in O.A.No.5 of 2016 and pass suitable orders on merits and in accordance with law, after issuing notice to the petitioner as well as the contesting respondents, within a period of three months from the date of receipt of a copy of this order.

5. With the above direction, this writ petition is disposed of. No costs. Consequently, the connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (co) // True Copy // Sub Assistant Registrar(CS) 2/3

akv To 1.The Sub Collector/Revenue Divisional Officer, Sub Collector Office, Ram Nagar, Devakottai, Sivagangai District.

2.The Tahsildar, Tahsildar Office, Devakottai, Sivagangai District.

3.The Joint Commissioner, HR and CE, Sivagangai District.

4.The Executive Officer, HR and CE, Arulmigu Muthumariamman Thirukovil, Devakottai, Sivagangai District.

5.The Inspector of Police, Devakottai Town Police Station, Devakottai, Sivagangai District.

+1 CC to M/s.J.ANANDKUMAR, Advocate ( SR-82674[F] dated 21/08/2019 ) Order made in Dated: 20.08.2019 KM/(24.09.2019) 3P 7C 3/3