Madras High CourtWP(MD)/17224/2020dismissed as infructuous

T.Sermaraj v. The Deputy Superintendent Of Police

2020-12-11Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P.(MD)No.17224 of 2020 and W.M.P.(MD)Nos.14412 & 14414 of 2020 T.Sermaraj ... Petitioner Vs.

1.The Deputy Superintendant of Police, Puliyankudi, 2.The Inspector of Police Sernthamaram Police Station, 3.The Fit Person / Thakkar, Arulmigu Vennilinga Udayar Sastha Temple, Ventrilingapuram, Pattadaikatti, Sankarankovil Taluk, The Executive Officer, Arulmigu Mariamman Temple, Vasudevanallur, Sivagiri Taluk, ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order passed by the 2nd respondent in Na.Ka.No.10/Ka.A/P5PS/2020, dated 21.11.2020 and quash the same and consequently direct the respondents to give permission to the petitioner and villagers to perform the worship at Arulmigu Vennilinga Udayar Sastha Temple, Ventrilingapuram, Sankarankoil Taluk, Tenkasi District and to lighten the Karthigai Dheebam therein on 29.11.2020 from 6 p.m to 10 p.m.

For Petitioner : Mr.K.Navaneetharaja For Respondents 1 & 2 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

The writ petition has been filed for issuance of a Writ of Certiorarified Mandamus, to quash the impugned order passed by the second respondent in his proceedings Na.Ka.No.10/Ka.A/P5PS/2020, dated 21.11.2020 and consequently to direct the respondents to grant permission to the petitioner and villagers to perform the worship at 1/3

Arulmigu Vennilinga Udayar Sastha Temple, Ventrilingapuram, Sankarankoil Taluk, Tenkasi District and to lighten the Karthigai Dheebam therein on 29.11.2020 from 6 p.m to 10 p.m. 2.On 27.11.2020, when the writ petition came up for hearing, this Court passed the following order : "The learned Additional Public Prosecutor would strongly object to allow this prayer stating that there is a dispute between two parties.

Though the learned counsel for the petitioner would state that the dispute has already been resolved and the report of the Peace Committee Meeting is enclosed in the typed set, perusal of the same shows that no decision has been taken as to the lightening of "Karthigai Dheepam".

The learned Additional Public Prosecutor seeks time to file counter. Post on 11.11.2020."

3.Today, when the matter is taken up for hearing, the learned Additional Public prosecutor appearing for the respondents 1 and 2/ police, on instructions, would submit that the matter has already been resolved and the report of the Peace Committee meeting is also enclosed in the typed set of papers and hence, the prayer in this writ petition has become infructuous.

4. Recording the above submission, this writ petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS III) // True Copy // / /2021 Sub Assistant Registrar(CS) rm Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate / litigant concerned.

To 1.The Deputy Superintendant of Police, Puliyankudi, 2/3

2.The Inspector of Police Sernthamaram Police Station, 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

W.P.(MD)No.17224 of 2020 11.12.2020 MJ(CO) KK(08.02.2021) 3P 4C 3/3