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Madras High CourtWP(MD)/23957/2022allowed

Kumaraiah v. The District Collector

2022-10-18Honourable Mr Justice Sathi Kumar Sukumara Kurup5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.10.2022

CORAM:

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP Kumaraiah

...Petitioner

Vs.

1.The District Collector, Ramanathapuram District.

2.The Thasildhar, Kadaladi Taluk, Ramanathapuram.

3.The Superintendent of Police, Ramanathapuram District.

4.The Inspector of Police, Keelaselvanoor Police Station, Ramanathapuram District.

5.Vilvalingam 6.Samainathan 7.Muthuramlingam

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the 1 to 4 respondents to restrain the 5 to 7 respondents to perform poojas with first honor respect in Sri Vilvanathar Sametha Sree Nithiya Kalyani Ambikai 1/5

and Paraivara Moorthikal Temple in near Melakadaladi Village, Ramanathapuram District and consequently direct the 2nd respondent to conduct the peace committee meeting.

For Petitioner : Mr.A.Karthick For R1 - R2 : Mrs.K.Christy Theboral Additional Government Pleader For R3 - R4 : Mr.R.Sivakumar Government Advocate (Crl.side)

O R D E R

This Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the 1 to 4 Respondents to restrain the 5 to 7 Respondents to perform Poojas with first honor respect in Sri Vilvanathar Sametha Sree Nithiya Kalyani Ambikai and Paraivara Moorthikal Temple in Melakadaladi Village, Ramanathapuram District, consequently direct the 2nd Respondent to conduct the peace committee meeting. 2.The learned Counsel appearing for the Petitioner submits that the Petitioner is the President of the Temple Management. It is the contention of the learned Counsel for the Petitioner that the Respondents 5 to 7 seeks first temple honour for the festival conducted for the Sri Vilvanathar Sametha Sree Nithiya Kalyani Ambikai and Paraivara 2/5

Moorthikal Temple in Melakadaladi Village, Ramanathapuram District.

3. The learned Government Advocate (Crl.side) submits that earlier on 21.09.2022, the Tahsildar, Kadaladi, Ramanathapuram District convened a Peace Committee Meeting. Based on the report of the 4th Respondent/Inspector of Police, Keelaselvanoor Police Station, Ramanathapuram District that there are two groups in the village, recorded the fact that there is a law and order issue. 4.Considering the submission made by the learned Government Advocate (Crl.side) that in the entire District of Ramanathapuram, there is promulgation of Section 144 Cr.P.C., from 08.09.2022 to 31.10.2022, the Respondents 1 to 4 are directed to pass appropriate orders. Accordingly, this Writ Petition is disposed of. No costs. Index :Yes/No 18.10.2022 vsd Note: Issue Order Copy on 18.10.2022 3/5

To 1.The District Collector, Ramanathapuram District.

2.The Thasildhar, Kadaladi Taluk, Ramanathapuram.

3.The Superintendent of Police, Ramanathapuram District.

4.The Inspector of Police, Keelaselvanoor Police Station, Ramanathapuram District.

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

4/5

SATHI KUMAR SUKUMARA KURUP, J.

vsd 18.10.2022 5/5