Madras High CourtWP(MD)/19939/2019disposed of

Kaluvan v. The District Collector

2019-09-17Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.09.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P (MD).No. 19939 of 2019 Kaluvan .. Petitioner Vs.

1. The District Collector Madurai District Madurai

2. The District Revenue Officer Madurai District Madurai

3. The Revenue Divisional Officer Madurai District Madurai

4. The Superintendent of Police Madurai District Madurai

5. The Deputy Superintendent of Police Usilampatti Madurai District

6. The Tahsildhar Usilampatti, Madurai District

7. The Inspector of Police Chekanoorani Police Station Madurai District

8. Thangapandi9. Thivam

10. Ganesan

11. Santhanam ... Respondents Prayer : This petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus,directing the respondents No.3

to 7 to restraining the respondents No.8 to 11 from interfering the customary practice of the temple festival in any manner in V.Nariyampatti Village, Usilampatti, Madurai District and consequently directing the seventh respondent to give police protection based on the petitioners representation dated 30.08.3019 For Petitioner : Mr.N.Jeyaram Sidharth For Respondents : Mr.R.Anandharaj No.1 to 7 Additional Public Prosecutor

ORDER

This Petition has been filed to direct the respondents No.3 to 7 to restraining the respondents No.8 to 11 from interfering the customary practice of the temple festival in any manner in V.Nariyampatti Village, Usilampatti, Madurai District and consequently directing the seventh respondent to give police protection based on the petitioners representation dated 30.08.3019

2. It is the grievance of the petitioner that there is a Karuppasamy temple and Ayyanar temple situated in their village which was worshipped by the entire village peoples and every year during the month of 'Puradasi' the festival is being conducted and for the past several years they are conducting the festival and there is no communal clash between the people. He has also submitted an representation to all the respondents on 30.08.2019 for conducting the temple festival, which has not been considered by them. Therefore, he has filed the present writ petition.

3. This Court has not expressed any of its view with regard to the merits of the representation made by the petitioner. It is needless to point out that whenever a representation of this nature is made, the respondents are duty bound to consider the same in one way or the other. Non-consideration of the same would amount to dereliction of ordinary duties of their office and as such, this Court would be justified in invoking its powers conferred under Article 226 of the Constitution of India to direct them to consider the petitioner's representation within a stipulated time.

4. In view of the limited prayer sought for in this writ petition and without going into the merits of the case, there shall be a direction to the seventh respondent to consider the petitioner's representation dated 30.08.2019 on its own merits and take further action in accordance with law, within a period of one week from the date of receipt of a copy of this order. Such an exercise shall be done after giving due opportunity to the petitioner as well as to the rival parties.

5. With the above direction, this writ petition is disposed of. No costs.

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