Madras High CourtWP(MD)/19475/2019dismissed

K.Muthuraja v. The District Collector

2019-09-09Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.09.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P (MD).No. 19475 of 2019 K.Muthuraja ... Petitioner Vs.

1. The District Collector Collectorate Tirunelveli District

2. The Superintendent of Police O/o. the Superintendent of Police Tirunelveli District

3. The Revenue Divisional Officer O/o.Revenue Divisional Officer Tenkasi Tirunelveli District

4. The Tahsildhar Sivagiri Taluk Tirunelveli District

5. The Inspector of Police Vasudevanallur Police Station Tirunelveli District

6. V. Murugesan ... Respondents Prayer : Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus directing the respondents to permit the petitioner and his clan members to conduct Temple Festival will be held on 01.10.2019 (Pongal) and 02.10.2019 (Annathanam) in Arulmigu Sri Kaliamman Kovil situated at Thirmalapuram, Sivagiri Tk, Tirunelveli District and to provide police protection to the temple festival by considering the representation of the petitioner dated 26.06.2019 For Petitioner : Mr.L.Pinaygash For Respondents : Mr.K.Suyambulinga Bharathi No.1 to 5 Government Advocate(Crl.Side)

ORDER

This Petition has been filed to direct the respondents to permit the petitioner and his clan members to conduct Temple

Festival will be held on 01.10.2019 (Pongal) and 02.10.2019 (Annathanam) in Arulmigu Sri Kaliamman Kovil situated at Thirmalapuram, Sivagiri Tk, Tirunelveli District and to provide police protection to the temple festival by considering the representation of the petitioner dated 26.06.2019

2. On receipt of the representation from the petitioner dated 26.09.2019 the fifth respondent conducted enquiry in which both the petitioners and the rival parties were not agreed for any terms and conditions to conduct the festival in Arulmigu Sri Kaliamman Kovil situated at Thirmalapuram, Sivagiri Tk, Tirunelveli District. Therefore the fifth respondent has registered a case in Crime No.283 of 2019 and referred the matter before the third respondent under Section 107 of Cr.P.C and the case is now pending on the file of the third respondent for enquiry.

3. Considering the facts and circumstances of the case the petitioner and the rival parties are directed to appear before the third respondent on summons and participate in the enquiry. The third respondent is also directed to conduct enquiry after giving due opportunity to the rival parties and pass appropriate orders on merits and in accordance with law within a period of four weeks from the date of receipt of summons.

4. With the above direction, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS ) To

1. The District Collector Collectorate Tirunelveli District

2. The Superintendent of Police O/o. the Superintendent of Police Tirunelveli District

3. The Revenue Divisional Officer O/o.Revenue Divisional Officer Tenkasi, Tirunelveli District

4. The Tahsildhar Sivagiri Taluk, Tirunelveli District

5. The Inspector of Police Vasudevanallur Police Station, Tirunelveli District +1 CC to Mr.I.PINAYGASH, Advocate ( SR-86184[F] dated 10/09/2019 ) W.P (MD).No.19475 of 2019 09.09.2019 aav MK (17.09.2019) 3P 7C