Kasiraj.U v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.07.2023

CORAM

THE HON'BLE DR.JUSTICE D.NAGARJUN U.Kasiraj ... Petitioner Vs.

1.The District Collector, Office of the District Collector, Virudhunagar, 2.The Superintendent of Police, Office of the Superintendent of Police, Virudhunagar, 3.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Sattur Revenue Circle, 4.The Tahsildar, Office of the Tahsildar Office, Vembakottai Taluk, Virudhuagar District.

5.The Inspector of Police, Keelarasakularaman Police Station, Virudhunagar District. ... Respondents 1/6

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus, to direct the respondents to provide admission and necessary police protection to offer worship and to perform regular time-bound poojas to Arulmigu Sri Kaliyamman Temple situated at Sivalingampuram Village under Vembakottai Taluk, Virudhunagar District, within the time stipulated by this Court. For Petitioner : Mr.S.Malaikani For Respondents : Mr.B.Thanga Aravindh Government Advocate (Crl. Side)

O R D E R

This Writ Petition has been filed for a direction to the respondent Police to consider the representation of the petitioner dated 08.11.2022.

2. It is submitted by the learned counsel appearing for the petitioner that originally, Sri Arulmugukaliyamman Tempe situated in Survey Nos.881/6 and 881/7 was being worshipped by all the community people since more than 10 years, however, in the year 2008, some issues arose between certain communities and thereby, the Revenue Officials have taken the control of the said temple and since then, the people are not allowed to worship. It is further submitted that subsequently, the persons belonging to one community have built a separate temple in the 2/6

year 2012 and they have been worshipping in the said temple. It is submitted that now, the temple which is closed may be allowed to open for worship, since the villagers have no objections for re-opening and the petitioner has given a representation on 08.11.2022 before the respondents Police. But, no action was taken so far.

3. The learned Government Advocate (criminal side) appearing for the respondents submits that there are seven communities in the village, inter se, there was a dispute in respect of worship and one of the communities have built a separate temple. It is submitted that the issue in respect of reopening of the temple to worship is pending before the concerned Revenue Divisional Officer.

4. Considering the submission made by the learned Government Advocate (criminal side) appearing for the respondents, the petitioner is directed to approach the concerned Revenue Divisional Officer and submit a representation afresh, on which, the concerned Revenue Divisional Officer and the Police Officers are directed to call the other groups persons involved and dispose of the same after hearing them as 3/6

quickly as possible not later than four weeks from the date of receipt of a copy of this order.

5. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.

19.07.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No ssb To 1.The District Collector, Office of the District Collector, Virudhunagar, 2.The Superintendent of Police, Office of the Superintendent of Police, Virudhunagar, 3.The Revenue Divisional Officer, 4/6

Office of the Revenue Divisional Office, Sattur Revenue Circle, 4.The Tahsildar, Office of the Tahsildar Office, Vembakottai Taluk, Virudhuagar District.

5.The Inspector of Police, Keelarasakularaman Police Station, 6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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DR.D.NAGARJUN,J ssb W.P.(MD)No.17336 of 2023 Dated: 19.07.2023 6/6