M.R.C.Vellaichamy v. The Tahsildar Cum

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.08.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.17459 of 2019 M.R.C.Vellaisamy ... Petitioner -Vs1.The Tahsildar-cum-Taluk Executive Magistrate, Kadvur Taluk, Kadavur, Karur District.

2.The Inspector of Police, Palaviduthi Police Station, Palaviduthi, Kadavur Taluk, Karur District.

... Respondents Prayer:- Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the first respondent to permit the petitioner to conduct the Arulmigu Sri Vanthavali Karuppasamy Temple festival, situated at Palaviduthi Village, Kadavur Taluk, Karur District, on 08.08.2019, in the light of the proceedings of the first respondent, dated 28.07.2010, based on the representation of the petitioner, dated 18.07.2019. For Petitioner : Mr.B.Prahalad Ravi For Respondents : Mr.P.Kannithevan Additional Government Pleader

ORDER

The prayer in this Writ Petition is for a Writ of Mandamus, directing the first respondent to permit the petitioner to conduct the Arulmigu Sri Vanthavali Karuppasamy Temple festival, situated at Palaviduthi Village, Kadavur Taluk, Karur District, on 08.08.2019, in the light of the proceedings of the first respondent, dated 28.07.2010, based on the representation of the petitioner, dated 18.07.2019.

2.Heard Mr.B.Prahalad Ravi, learned counsel appearing for the petitioner and Mr.P.Kannithevan, learned Additional Government Pleader appearing for the respondents.

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3.In order to get permission to conduct the temple festival of Arulmigu Sri Vanthavali Karuppasamy Temple, situated at Palaviduthi Village, Kadavur Taluk, Karur District, on 08.08.2019, the petitioner has given a representation dated 18.07.2019. Since the festival is scheduled to be conducted on 08.08.2019, so far no permission has been given by the respondents, especially, the first respondent. Hence, the petitioner has approached this Court with the aforesaid prayer.

4.Today, when the Writ Petition is taken up for hearing, Mr.P.Kannithevan, learned Additional Government Pleader appearing for the respondents, has produced a copy of the proceedings issued by the first respondent, dated 02.08.2019, whereby, it is stated that, in order to conduct the temple festival on 08.08.2019 amicably, a peace committee meeting was conducted on 02.08.2019 at the hands of the first respondent, where, both groups participated and after deliberation, certain decisions had been taken. Accordingly, permission has been granted to conduct the festival with certain conditions.

5.The said development is not controverted by the learned counsel appearing for the petitioner, who would submit that, recording the proceedings issued by the first respondent, dated 02.08.2019, this Writ Petition can be disposed of. 6.I have considered the submissions made by the learned counsel on either side and noted the contents made in the proceedings issued by the first respondent, dated 02.08.2019.

7.Since the permission sought for by the petitioner in this Writ Petition from the first respondent has already been granted in the proceedings issued by the first respondent, dated 02.08.2019, of course, with some conditions, recording the same, this Writ Petition is disposed of. It is made clear that the respondents shall ensure that during the festival, the law and order in that locality should not be deteriorated and in that regard, if the respondents feel that anyone makes some trouble tend to deteriorate the law and order situation, suitable action can be taken against such erring person under law.

8.With the above direction and observation and by recording the proceedings of the first respondent, dated 02.08.2019, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(P&A) /TRUE COPY/ Sub Assistant Registrar 2/3

To 1.The Tahsildar-cum-Taluk Executive Magistrate, Kadvur Taluk, Kadavur, Karur District.

2.The Inspector of Police, Palaviduthi Police Station, Palaviduthi, Kadavur Taluk, Karur District.

+1 CC to M/s.B.PRAHALAD RAVI, Advocate ( SR-80416[F] dated 07/08/2019 ) W.P.(MD)No.17459 of 2019 SMN2 JM/07.08.2019/3P-4C 3/3