Dhatchinamoorthy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.12.2021

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P. (MD).No. 21146 of 2021 Dhatchinamoorthy ... Petitioner Vs.

1. The District Collector, Thoothukudi District, Thoothukudi.

2. The Revenue Divisional Officer, Tiruchendur,

3. The Tahsildar, Taluk Office, Tiruchendur Taluk,

4. The Inspector of Police, Tiruchendur Police Station, 5.Nallakutti

...Respondents

Prayer : Petition filed under Article 226 of Constitution of India for the issuance of a writ of mandamus, directing the respondents 1 to 4 to conduct proper enquiry among the Deities and also the executive committee president and Secretary Dhatchinamoorthy, and the opposite party lead by Nallakutti and to give proper direction for permanent relief. Further, to allow the petitioner's committee to conduct festivals to Arulmigu Narayanaswamy Temple, Arulmigu Katerum Perumal Temple and Arulmigu Parvathi Amman Temple of the Potharanganvilai, Paramankurichi Village & Post, Tiruchendur Taluk, Thoothukudi District and pass orders.

For Petitioner : Mr. A. Gandiappan For Respondents : Mr. S. Kameshwaran Government Advocate for R1 to R4 Mr. V. Rajiv Rufus for R5

O R D E R

The writ petition has been filed in the nature of a mandamus seeking a direction against the first and fourth respondents to conduct enquiry and to conduct the festivals to Arulmigu 1/3

Narayanaswamy Temple, Arulmigu Katerum Perumal Temple and Arulmigu Parvathi Amman Temple of the Potharanganvilai, Paramankurichi Village & Post, Tiruchendur Taluk, Thoothukudi District.

2. The writ petition has been filed primarily out of animosity between the petitioner and the 5th respondent.

3. Mr. S. Kameswaran, learned Government Advocate informed that the fourth respondent, The Inspector of Police, Tiruchendur Police Station, had called for a peace meeting which was held on 10.12.2021 and the petitioner and everybody had participated and agreed to jointly conduct the temple festival between 11.12.2021 and 20.12.2021 and also so conducted the festival. It is also seen that with respect to the very same issue O.S.No.59 of 2020 is also pending before the District Munsif Court at Tiruchendur.

4. In view of these facts, it will only be appropriate that the petitioner approaches the Civil court and raises all grievance. I am informed by the learned counsel for the 5th respondent that the petitioner had already filed an application before the Civil Court. Therefore, it would be inappropriate on the part of this court to pass any order.

5. The Writ Petition is dismissed. No costs.

Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) mnr Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

1. The District Collector, Thoothukudi District,Thoothukudi.

2. The Revenue Divisional Officer, Tiruchendur,Thoothukudi District.

3. The Tahsildar, Taluk Office, Tiruchendur Taluk, 2/3

4.The Inspector of Police, Tiruchendur Police Station, 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.SPL GP ( SR-40450[F] dated 27/12/2021 ) W.P. (MD).No. 21146 of 2021 23.12.2021 MGJ(07.01.2022) 3P 7C 3/3