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Madras High CourtWP(MD)/24820/2023dismissed as infructuous

Thirumalai v. The District Collector

2023-10-20Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.10.2023

CORAM:

THE HONOURABLE DR.JUSTICE G.ILANGOVAN W.P.(MD)No.24820 of 2023 Thirumalai

...Petitioner

Vs.

1. The District Collector, Virudhunagar District.

2. The Superintendent of Police, Virudhunagar District.

3. The Thasildar, Kariyapatti, Virudhunagar District.

4. The Inspector of Police, Kariyapatti Police Station, Virudhunagar District.

5. Ragupathi. S.S

6. Rajkumar. K

7. Saravanakumar. N

8. Mohan. R

9. Selvaraj. S

10. Sivakumar. R

...Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 4th respondent herein to grant permission as well as Police protection to conduct the temples festival of the Arulmigu Vinayagar Thirukovil, Arulmigu Sri Kaliyamman Thirukovil, Bajanai Madam and Perumal Temple in Survey No.157/2, 158/1, 158/2 and 158/3, situated at Pisindi Village scheduled on 17.10.2023 and 18.10.2023 by considering the petitioner's representation dated 03.10.2023. For Petitioner :Mr. Ramasamy S For R1 to R4 :Mr.R.M.Anbunithi Additional Public Prosecutor For R5 to R10 :Mr.I.Sudhakaran

O R D E R

This Writ Petition has been filed to direct the 4th respondent herein to grant permission as well as Police protection to conduct the temples festival of the Arulmigu Vinayagar Thirukovil, Arulmigu Sri Kaliyamman Thirukovil, Bajanai Madam and Perumal Temple in Survey No.157/2, 158/1, 158/2 and 158/3, situated at Pisindi Village scheduled on 17.10.2023 and 18.10.2023 by considering the petitioner's representation dated 03.10.2023.

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2. The learned Additional Public Prosecutor would submit that a representation was made by the petitioner for permitting him to conduct the above said temple festival on 17.10.2023 and 18.10.2023, but the period is already over.

3. The learned counsel for the respondents No.5 to 10 would submit that inspite of the Peace Committee Meeting, there was no amicable settlement between the parties, since one of the community people proposed to conduct the above said temple festival, it was not accepted by the other community people.

4. Since already the dates mentioned to conduct the above said festival is over, the matter has become infructuous. The learned Additional Public Prosecutor also confirmed that no festival was conducted on 17.10.2023 and 18.10.2023.

5. After disposal of the above said matter in the morning session, the learned counsel for the petitioner submitted in the afternoon session that the petitioner may be permitted to make a fresh representation mentioning a fresh date and time. But such right is always available to 3/5

the petitioner. The petitioner is at liberty to make a fresh representation, mentioning a particular date and time. That may be considered by the fourth respondent on its own merits and in accordance with law.

5. With the above directions and liberty, this writ petition stands dismissed as infructuous. No costs.

20.10.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No Indu To

1. The District Collector, Virudhunagar District.

2. The Superintendent of Police, Virudhunagar District.

3. The Thasildar, Kariyapatti, Virudhunagar District.

4. The Inspector of Police, Kariyapatti Police Station, Virudhunagar District.

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

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G.ILANGOVAN, J Indu Order made in W.P(MD)No.24820 of 2023 20.10.2023 5/5