Nagarajan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.11.2024

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P(MD)No.14241 of 2023 Nagarajan ... Petitioner Vs.

1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Revenue Divisional Officer, Aranthangi, Pudukottai District.

3.The Tahsildar, Aranthangi Taluk, Pudukkottai District.

4.The Inspector of Police, Keeramangalam Police Station, Pudukkottai District.

5.Thiyagarajan 6.Murugan 7.Chokkalingam ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to 1/5

the impugned proceedings issued by the second respondent in O.Mu. 2536/2023/A2 dated 23.06.2023 and quash the same on the ground that the same is arbitrary, illegal and without any legal basis and consequently directing the respondents Nos.1 to 3 to permit the petitioner and 51 Pangali Vagaiyara to use the common lock by the copy of the key already provided to them for performing Poojas in Subramaniya Swamy Temple, Idumban Temple along with sub deities namely Sri Karuppar, Sannasi, Kaliyammal, Rakkachi situated at Merpanaikadu Village, Aranthangai Taluk, Pudukkottai Dsitrict. For Petitioner : Mr.G.Mathavan For R1 to R3 : Mr.D.Gandhi Raj Special Government Pleader For R4 : Mrs.M.Aasha Government Advocate (Crl.side) For F5 to R7 : Mr.R.Paranjoth for K.B.S.Law Office

O R D E R

This writ petition has been filed challenging the order passed by the second respondent, dated 23.06.2023, thereby, rejected the request made by the petitioner to conduct the Peace Committee Meeting.

2. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

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3. It is seen that the Temple namely Subramaniya Swamy Temple, Idumban Temple along with sub deities namely Sri Karuppar, Sannasi, Kaliyammal, Rakkachi comprised in Survey No.22 to an extent of 4 1/2 acres situated at Merpanaikadu Village, Aranthangi Taluk, Pudukkottai District. The above said land is classified as Government Puramboke. The temple is coming under the purview of HR & CE. There is a dispute between the petitioner and the respondents 5 to 7 herein in respect of opening and closing of the temple. Therefore, the petitioner submitted a representation before the second respondent to conduct a Peace Committee Meeting to resolve the dispute between them. However, the second respondent directed the petitioner to approach the concerned Court for appropriate relief.

4. It is a civil dispute between the petitioner and the respondents 5 to 7. Since the temple coming under the purview of HR & CE, the Joint Commissioner, HR & CE is an authority to decide the issue. Therefore, the petitioner is at liberty to approach the Joint Commissioner, HR & CE, Thanjavur for appropriate relief.

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5. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Internet : Yes Index : Yes/No 19.11.2024 Speaking/Non Speaking order am To 1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Revenue Divisional Officer, Aranthangi, Pudukottai District.

3.The Tahsildar, Aranthangi Taluk, Pudukkottai District.

4.The Inspector of Police, Keeramangalam Police Station, Pudukkottai District.

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G.K.ILANTHIRAIYAN, J.

am 19.11.2024 5/5