Madras High CourtWP(MD)/8256/2018dismissed

S.Kalimuthu, v. The Tahsildar

2019-08-22Honourable Mr Justice V. Bharathidasan2 pages

W.P.(MD)No.8256 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)No.8256 of 2018 S.Kalimuthu : Petitioner

Versus

1.The Tahsildar, Thiruvadanai Taluk, Ramanathapuram District.

2.The Sub-Inspector of Police, Thondi Police Station, Thiruvadanai, Ramanathapuram District.

3.Govindaraj 4.Krishnan 5.Rajamani 6.Natarajan 7.Dharmalingam : Respondents Prayer:

Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondent Nos.1 and 2 to take suitable action against the respondent Nos.3 to 7 and to ensure the petitioner's right to participate in the Sri Mariyamman Temple Function at Narendhal Village, Thiruvadanai Taluk, Ramanathapuram District, to be held on 16.04.2018, by receiving the petitioner's due contribution and tax, by considering his representation dated 13.03.2018 within the time stipulated by this Court. For Petitioner : Mr.A.Haja Mohideen For Respondents 1&2 : Mr.K.K.Ramakrishnan, Additional Public Prosecutor For Respondents 3to7 : Mr.P.Pethu Rajesh

O R D E R

The prayer sought for in the Writ Petition is as follows: "Writ of Mandamus, directing the respondent Nos.1 and 2 to take suitable action against the respondent Nos.3 to 7 and to ensure the petitioner's https://hcservices.ecourts.gov.in/hcservices/ 1/4

W.P.(MD)No.8256 of 2018 right to participate in the Sri Mariyamman Temple Function at Narendhal Village, Thiruvadanai Taluk, Ramanathapuram District, to be held on 16.04.2018, by receiving the petitioner's due contribution and tax, by considering his representation dated 13.03.2018, within the time stipulated by this Court."

2. Today, when the Writ Petition came up for hearing, the learned counsel appearing for the respondents 3 to 7 submitted that for the similar relief, the petitioner filed a civil suit, and in the said suit, an interim order has been passed in I.A.No.199 of 2016 restraining the respondents 3 to 7 herein from preventing the petitioner to participate in the Temple festival. The order is still in force. The suit is also pending.

3. In the above circumstances, the petitioner cannot seek a similar prayer in the Writ Petition. Hence, the Writ Petition is dismissed. No costs.

Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) To 1.The Tahsildar, Thiruvadanai Taluk, Ramanathapuram District.

2.The Sub-Inspector of Police, Thondi Police Station, Thiruvadanai, Ramanathapuram District.

+1 CC to M/s.A.HAJA MOHIDEEN, Advocate ( SR-83071[F] dated 22/08/2019 ) +1 CC to M/s.P.PETHU RAJESH, Advocate ( SR-83251[F] dated 26/08/2019 ) SML Order made in W.P.(MD)No.8256 of 2018 Dated: 22.08.2019 km/(03.09.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/4