Madras High CourtWP(MD)/18922/2016dismissed

S.Kottaichamy v. The District Collector

2016-09-30Honourable Mr Justice M.V. Muralidaran,Honourable Mr Justice S. Nagamuthu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.09.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P(MD)No.18922 of 2016 and W.M.P.Nos.13671 and 13672 of 2016 S.KOTTAICHAMY S/O. SHANMUGAM ANUMANDHAKUDI VILLAGE DEVAKOTTAI TK SIVAGANGAI DISTRICT.

.. Petitioner Vs.

1 THE DISTRICT COLLECTOR SIVAGANGAI DISTRICT, SIVAGANGAI.

2 THE SUPERINTENDENT OF POLICE SIVAGANGAI DISTRICT SIVAGANGAI.

3 THE TAHSILDAR DEVAKOTTAI TALUK OFFICE, SIVAGANGAI DISTRICT. 4 THE DEPUTY SUPERINTENDENT OF POLICE DEVAKOTTAI SIVAGANGAI DISTRICT.

5 THE INSPECTOR OF POLICE DEVAKOTTAI TALUK POLICE STATION DEVAKOTTAI SIVAGANGAI DISTRICT.

6 SUBBIAH S/O. KARRUPPAN 7 GANESHAN S/O. KALIMUTHU 8 MANIKKAM S/O. KALIMUTHU 9 MUTHU S/O. SATHAN .. Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing to conduct a meeting in the presence of the General Public along with respondents No. 6 to 9 to resolve the issue regarding the performing of Pooja by rotation among themselves without giving troubles to any of the General Public and consequently direct the 6th to 9th respondents to hand over the keys and valuable properties of the Temple to the Villagers. For Petitioner : M/s.R.Murugan For Respondents : Mr.TR.Janarthanam Addl. Government Pleader https://hcservices.ecourts.gov.in/hcservices/

ORDER

(Order of the Court was made by S.NAGAMUTHU, J.) The petitioner has come up with this public interest litigation seeking a direction to conduct meeting in the presence of general public along with the respondents 6 to 9 to resolve the issue regarding the performing of Pooja by rotation among themselves without giving troubles to any of the General Public and consequently direct the 6th to 9th respondents to hand over the keys and valuable properties of the Temple to the Villagers.

2. This petition has come up today for admission. We have heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents 1 to 5.

3. A right of worship is a fundamental right and nobody claims that he has right to manage the Temple and have worship by rotation. In our considered view, the dispute is to be resolved by the civil Court and in a public interest litigation, we cannot decide it. Accordingly, the writ petition is dismissed. No costs. Consequently connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar (CS-II) /True copy/ Sub Assistant Registrar TO 1 THE DISTRICT COLLECTOR SIVAGANGAI DISTRICT SIVAGANGAI.

2 THE SUPERINTENDENT OF POLICE SIVAGANGAI DISTRICT SIVAGANGAI.

3 THE TAHSILDAR DEVAKOTTAI TALUK OFFICE SIVAGANGAI DISTRICT. 4 TEH DEPUTY SUPERINTENDENT OF POLICE DEVAKOTTAI SIVAGANGAI DISTRICT.

5 THE INSPECTOR OF POLICE DEVAKOTTAI TALUK POLICE STATION DEVAKOTTAI SIVAGANGAI DISTRICT.

+1cc to SPECIAL GOVT.PLAEDER IN SR.No. 58274 RR JA-SKS-RR-18.10.2016/2P:7C ORDER MADE IN W.P(MD)No.18922 of 2016 and W.M.P.Nos.13671 and 13672 of 2016 30.09.2016 https://hcservices.ecourts.gov.in/hcservices/