Karunanithi v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.09.2019

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and W.M.P(MD) No.17169 of 2019 Karunanithi .. Petitioner Vs.

1. The Commissioner of Police Trichy City, Trichy

2. The Revenue Divisional Officer Trichy, Trichy District

3. The Assistant Commissioner of Police Fort Sub Division Trichy District

4. The Inspector of Police Gandhi Market Trichy City

5. S. Manoharan .. Respondents Prayer : This petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the 4th respondent to decide the conducting of temple festival of Arulmigu Sri Sellamuthu Mariamman Thirukovil situated at Kamarajar Nagar, North Tharanallur, Trichy in the light of penidng civil suit in O.S.No.932/2015 on the file of the Principal District Munsif Court, Trichy and also the 2nd respondent Peace Committee Meeting held on 26.8.2015 For Petitioner : Mr.R.Murugappan For Respondents : Mr.R.Anandharaj No.1 to 4 Additional Public Prosecutor

ORDER

This Petition has been filed to direct the 4th respondent to decide the conducting of temple festival of Arulmigu Sri Sellamuthu Mariamman Thirukovil situated at Kamarajar Nagar, North Tharanallur, Trichy in the light of penidng civil suit in O.S.No.932/2015 on the file of the Principal District Munsif Court, Trichy and also the 2nd respondent Peace Committee Meeting held on 26.8.2015 1/3

2. The learned counsel for the petitioner would submit that in respect of right over the Arulmigu Sri Sellamuthu Mariamman Thirukovil situated at Kamarajar Nagar, North Tharanallur, Trichy, the petitioner filed suit in O.SNo. 932 of 2015 on the file of the learned District Munsif, Trichy which is still pending. The fifth respondent filed writ petition before this Court in W.P(MD) No.17869 of 2019 for a direction to the first respondent to consider his representation granting permission to conduct festival for the very same temple and this Court directed the fourth respondent to conduct enquiry on his representation dated 27.07.2019 after giving opportunity of hearing to all the rival parties and disposed of the same within a period of four weeks from the date of receipt of a copy of this order.

He further submitted that for the very same temple festival already Revenue Divisional Officer, Trichy conducted peace committee meeting in which the fifth respondent was not permitted to conduct any festival for the said temple till disposal of the civil suit filed b y the petitioner in O.S.No.932 of 2015.

3. Considering the above facts and circumstances of the case the fourth respondent is directed to conduct enquiry on the representation submitted by the fifth respondent dated 27.07.2019 in the light of the decision made in the peace committee meeting by the Revenue Divisional Officer, Trichy and also the pendency of the civil suit pending in O.S.No. 932 of 2015 on the file of the Principal District Munsif Court, Trichy filed by the petitioner as directed by the order dated 05.09.2019 in W.P(MD) No. 17896 of 2019.

4. With the above direction, the Writ Petition stands disposed of. No costs. Consequently connected miscellaneous petition is also closed.

Sd/- Assistant Registrar /TRUE COPY/ Sub Assistant Registrar aav To

1. The Commissioner of Police Trichy City, Trichy

2. The Revenue Divisional Officer Trichy, Trichy District

3. The Assistant Commissioner of Police Fort Sub Division Trichy District 2/3

4. The Inspector of Police Gandhi Market Trichy City +1 CC to M/s.R. MURUGAPPAN, Advocate ( SR-89238[F] dated 25/09/2019 ) COPY TO:

THE PRINCIPAL DISTRICT MUNSIF, TRICHY.

and W.M.P(MD) No.17169 of 2019 JM/11.10.2019/3P/7C 3/3