Murugappan v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.16750 of 2022 and W.M.P.(MD)No.12143 of 2022 1.Murugappan 2.Ravichandran ... Petitioners vs.

1.The Revenue Divisional Officer, Pudukottai, Collectorate, Pudukottai.

2.The Tahsildar, Thirumayam Taluk, Thirumayam.

3.The Superintendent of Police, Pudukkottai District, Pudukkottai.

4. Sathiya (R4 is suo motu impleaded vide order dated 29.07.2022) ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the respondents to consider the petitioner's 1/4

representation dated 13.07.2022 and provide police protection for granting Mariyadhai to Melapanaiyur Village at Udaya Parasakthi Amman Temple, Kulamangalam Village, Thirumayam Taluk, Pudukottai District during all temple festival.

For Petitioners : Mr.Raguvaran Gopalan for Mr.K.Prabhakar For R1 to R3 : Mr.M.Sarangan Additional Government Pleader For R4 : Mr.K.Balasundharam

ORDER

Heard the learned counsel on either side.

2. The case on hand pertains to celebration of the petition mentioned temple festival. The petitioners have enclosed in the typed set of papers the earlier orders passed both by the jurisdictional civil Court as well as the statutory authorities constituted under HR & CE Act.

3. A writ petition cannot be used as a mechanism to execute such orders. However, I must make it clear that if the injunction decree passed by the civil Court is not complied with, the organizers of the event who have contravened the injunction decree are liable to be punished for contempt. Like wise, the authorities associated with the temple festival will have to necessarily adhere to the statutory 2/4

orders passed earlier. No official shall act in a manner contrary to the statutory orders that are holding the field. At this stage, the learned counsel appearing for the petitioners produced before me a copy of the Peace Committee Minutes drawn on 08.08.2022, in which, the officials made it clear that they would adhere to the earlier orders passed by the authorities as well as the jurisdictional Civil Courts.

4. With this observation and clarification, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 10.08.2022 rmi NOTE:Issue Order copy on 10.08.2022 To 1.The Revenue Divisional Officer, Pudukottai, Collectorate, Pudukottai.

2.The Tahsildar, Thirumayam Taluk, Thirumayam.

3.The Superintendent of Police, Pudukkottai District, Pudukkottai.

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G.R.SWAMINATHAN, J.

rmi W.P(MD)No.16750 of 2022 and W.M.P.(MD)No.12143 of 2022 10.08.2022 4/4