Thangaiah v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.08.2024 CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR W.P.(MD)No.20567 of 2024 Thangaiah

...Petitioner

Vs.

1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Tahsildar, Viralimalai Taluk, Pudukkottai District.

3.The Deputy Superintendent of Police, Keeranur, Pudukkottai District.

4.The Inspector of Police, Mandaiyur Police Station, Pudukkottai District.

5.The Inspector of Police, (In-charge of Keeranur and Mathur circle) Keeranur Police Station, Pudukkottai District.

6.Muthaiah 1/6

7.Palanisamy 8.Mani ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order in Na.Ka.No.20/ Ka.Aa/Ma.Va/2024 dated 21.08.2024 passed by the fourth respondent and quash the same as illegal and consequently direct the fourth respondent to give permission and protection to perform the "Kuthirai Eduppu Thiruvizah" on 30.08.2024 in pursuant of the temple namely Sri Vellandhangi Amman and Sri Muthukaruppa Swamy Temple situated at Alangudi Village, Neerpalani Post, Viralimalai Taluk, Pudukkottai District.

For Petitioner : Mr.S.Sathya Chidambaram For R1 & R2 : Mr.M.Muthumanikkam Government Advocate (Civil Side) For R3 to R5 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor For R6 to R8 : Mr.P.Ganapathi Subramanian

ORDER

The Writ Petition is directed against the order dated 21.08.2024 passed by the fourth respondent and for directions to the fourth respondent to give permission and protection to perform the "Kuthirai 2/6

Eduppu Thiruvizah" on 30.08.2024 in pursuant of the temple namely Sri Vellandhangi Amman and Sri Muthukaruppa Swamy Temple situated at Alangudi Village, Neerpalani Post, Viralimalai Taluk, Pudukkottai District.

2. The learned counsel appearing for the writ petitioner would submit that in order to conduct "Kuthirai Eduppu Thiruvizah" of Sri Vellandhangi Amman and Sri Muthukaruppa Swamy Temple, Alangudi Village, Neerpalani Post, Viralimalai Taluk, Pudukkottai District on 26.07.2024, the private respondents have sent a representation to the official respondents, for which, peace committee meeting was convened on 19.07.2024 between the writ petitioner's side and the private respondents' side, but no decision was taken therein, that thereafter the private respondents had conducted the festival on 26.07.2024 by excommunicating the writ petitioner's village, that therefore the writ petitioner has sent a representation dated 06.08.2024 to conduct the same festival on 30.08.2024 and since no order has been passed, the writ petitioner has filed a writ petition in W.P.(MD)No.19503 of 2024 and this Court, considering the submission made by the learned Government 3/6

Advocate (Criminal Side), directed the fourth respondent therein to consider the writ petitioner's representation dated 06.08.2024 by giving notice to the writ petitioner as well as to the private respondents and take a decision within a period of one week from the date of receipt of a copy of that order, that in pursuance of the same, the fifth respondent herein, after conducting enquiry, has passed the impugned order rejecting the writ petitioner's requisition and that challenging the said order, the present writ petition came to be filed.

3. In the meeting convened by the fifth respondent, both the parties have taken part and for the five demands made by the writ petitioner's side, they have come to a decision.

4. The learned counsel appearing for the private respondents would submit that the writ petitioner himself has given a letter to the fourth respondent stating that they have decided not to take part in the festival scheduled on 26.07.2024 and that in case of meeting over their demands, they will consider for taking part in the festival and after considering the same, the impugned order came to be passed. 4/6

5. Considering the entire facts and circumstances and taking note of the detailed order passed by the fifth respondent, this Court is not inclined to entertain this petition. Accordingly, the Writ Petition stands dismissed. No costs.

30.08.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No csm To 1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Tahsildar, Viralimalai Taluk, Pudukkottai District.

3.The Deputy Superintendent of Police, Keeranur, Pudukkottai District.

4.The Inspector of Police, Mandaiyur Police Station, Pudukkottai District.

5.The Inspector of Police, (In-charge of Keeranur and Mathur circle) Keeranur Police Station, Pudukkottai District.

6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

5/6

K.MURALI SHANKAR, J csm Order made in W.P.(MD)No.20567 of 2024 Dated : 30.08.2024 6/6