Anbumuthuchamy. P v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN AND THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P.(MD)No.26378 of 2022 and W.M.P.(MD)No.20889 of 2022 P.Anbumuthuchamy ... Petitioner -Vs1.The District Collector, Madurai District, Madurai.

2.The Superintendent of Police, Madurai District, Madurai.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to allow the village people of Thennur II Bit Village and other people to worship Shiva Temple and also Sri Eliyagurusamy Samathi by considering the petitioner's representation dated 16.11.2022 within a time frame as fixed by this Court.

For Petitioner : Mr.V.Nagendran For R1 : Mr.P.Thilak Kumar, Government Pleader For R2 : Mr.T.Senthil Kumar, Additional Public Prosecutor

ORDER

[Order of the Court was made by R.MAHADEVAN, J.] This Writ Petition is filed for issuance of Writ of Mandamus, to direct the respondents to allow the village people of Thennur II Bit Village and other people to worship Shiva Temple and also Sri Eliyagurusamy Samathi by considering the petitioner's representation dated 16.11.2022 within a time frame. 2.Pointing out that the petitioner and his village people are not allowed to worship in the temple in question and seeking removal of Karuvelam Trees and bushes, which are obstructing the pathway to reach the temple in question, the petitioner made a representation dated 16.11.2022 to the respondents. Finding inaction on the part of the official respondents, this Writ Petition is filed. 3.Today, when the matter was taken up for hearing, the learned Government Pleader for the 1st respondent, on instructions, submitted that the

petitioner has made bald allegations against various individuals and also the Government authorities to the extent that they are not permitting to worship in the temple. He further submitted that with regard to the removal of Karuvelam Trees, obstructing the pathway in the temple in question, appropriate action would be taken by the authorities concerned within a time frame. 4.In view of the above, this Court is of the view that no such restriction by any of the individuals or officials for worshipping is permitted and the authorities concerned are directed to take appropriate action with regard to the removal of Karuvelam Trees in the temple in question, within a period of eight weeks from the date of receipt of a copy of this order. 5.With the above direction, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. [R.M.D., J.] & [J.S.N.P., J.] 29.11.2022 Index : Yes / No Internet : Yes / No Myr

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

Myr To 1.The District Collector, Madurai District, Madurai.

2.The Superintendent of Police, Madurai District, Madurai.

W.P.(MD)No.26378 of 2022 29.11.2022