S.M.Savarinathan, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P(MD)No.12247 of 2018 S.M.Savarinathan ... Petitioner vs.

1.The District Collector, Trichy District.

2.The Superintendent of Police, Trichy District.

3.St.Irudhaya Aandavar Temple, Represented by its Reverence Father, Martin Theforus, Musiri, Trichy District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 to 3 herein to ensure the deity car procession of St.Irudhaya Aandhavar Temple, Musiri, Trichy District in every year in the light of Peace Committee decision dated 27.06.2014.

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For Petitioner : No appearance For Respondent No.1 : Mr.T.Amjad Khan Government Advocate For Respondent No.2 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor For Respondent No.3 : Mr.T.Chandrasekaran

ORDER

(Order of the Court was made by D. KRISHNAKUMAR, J.) Prayer in the Writ Petition is to direct the respondents 1 to 3 herein to ensure the deity car procession of St.Irudhaya Aandhavar Temple, Musiri, Trichy District in every year in the light of Peace Committee decision dated 27.06.2014.

2.The petitioner has filed the present Writ Petition as a 'Public Interest Litigation' stating that in the petitioner's Village one St.Irudhaya Aanadavar Temple is situated near Kaikatti, Musiri, Trichy District. Every year, the Temple administration used to conduct a yearly festival and for the year 2018, since the preparation of the Temple festival was going on, the 2/5

petitioner made a representation to the respondents 1 and 2, dated 25.05.2018, to implement the peace committee meeting dated 27.06.2014 and to make arrangements to conduct deity car procession in Malaiyappapuram Street. Since no fruitful action has been taken by the respondents 1 and 2, the petitioner has filed the present Writ Petition. 3.On a perusal of the materials available on record, it is seen that there is a dispute between the petitioner and the third respondent and further, it is seen that the petitioner has not placed any material to show that he has filed this Public Interest Litigation as per the parameters laid down by the Hon'ble Supreme Court in the case of in the case of Guruvayoor Devaswom Managing Committee vs. C.K.

Rajan, reported in (2003) 7 SCC 546 and the subsequent decisions of the Honourable Supreme Court in the case of Ashok Kumar Pandey vs. State of West Bengal and others, reported in (2004) 3 SCC 349, Neetu vs. State of Punjab, reported in (2007) 1 SCC 614 and State of M.P. vs. Narmada Bachao Andolan, reported in (2011) 7 SCC 639 and therefore, we are not inclined to entertain the Writ Petition.

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4.Accordingly, the Writ Petition is dismissed. However, if at all the petitioner has any grievance, he is at liberty to approach the appropriate forum for redressal of his grievance in the manner known to law. No costs. Consequently, connected Miscellaneous Petition is closed. [D.K.K.,J.] [R.V.,J.] 12.02.2024 NCC : Yes / No Index : Yes / No ps To 1.The District Collector, Trichy District.

2.The Superintendent of Police, Trichy District.

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D. KRISHNAKUMAR ,J.

and R.VIJAYAKUMAR,J.

ps ORDER MADE IN DATED : 12.02.2024 5/5