Madras High CourtWP(MD)/17091/2016dismissed

V.Panchavarnam v. The District Collector

2016-09-09Honourable Mr Justice M.V. Muralidaran,Honourable Mr Justice S. Nagamuthu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.09.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.[MD].No.17091 of 2016 and W.M.P.(MD)Nos.12397 and 12398 of 2016 V.Panchavarnam : Petitioner Vs.

1. The District Collector, Ramanathapuram District, Ramanathapuram.

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

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

4. The Tahsildar, Taluk Office, Ramanathapuram, Ramanathapuram district.

5. The Inspector of Police, Devipattinam Police Station, Ramanathapuram District.

6. Nagarathinam

7. Gunasekaran

8. Nagu

9. Ramu 10.Natarajan : Respondents PRAYER:

Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 to 5 to take immediate steps to forbear the Mariyamman Temple festival scheduled to be held on 13.09.2016 and 14.09.2016 at Vaigai Village, Ramanathapuram Taluk & District, in Government

Natham Poramboke land in Survey No.487/4 by one of the groups under the leadership of respondent Nos.6 to 10 and their henchmen, to the exclusion of other groups.

For Petitioner : Mr.R.Murugan For Respondents 1to5 : Mr.M.Govindan, Special Government Pleader

O R D E R

*********** [Order of the Court was made by S.NAGAMUTHU, J.] The petitioner has come up with this Public Interest Litigation seeking a direction to the respondents 1 to 5 to take immediate steps to forbear the Mariyamman Temple festival scheduled to be held on 13.09.2016 and 14.09.2016 at Vaigai Village, Ramanathapuram Taluk & District, in Government Natham Poramboke land in Survey No.487/4 in the said Village.

2. This Public Interest Litigation has come up today for admission. We have heard the learned counsel for the petitioner and the learned Special Government Pleader, taking notice for the respondents 1 to 5. We have also perused the records carefully.

3. In our considered view, this Public Interest Litigation is not at all maintainable, in view of the fact that if there is any dispute regarding the right of worship or the right to organise the temple festival, the same is to be resolved by the Civil Court on evidence. There is no public interest involved in this matter at all. Therefore, no relief, as prayed for in this Writ Petition, could be given. The Writ Petition is, therefore, dismissed. No costs. Consequently, the connected miscellaneous petitions are also dismissed.

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