B.Murugesan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.11.2024
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN B.Murugesan ... Petitioner -vs1.The District Collector Ramanathapuram District Ramanathapuram 2.The Sub Collector Paramakudi Ramanathapuram District 3.The Tahsildar Paramakudi Taluk Paramakudi Ramanathapuram District 4.The Superintendent of Police Ramanathapuram District Ramanathapuram 5.The Deputy Superintendent of Police Paramakudi Ramanathapuram District
6.The Inspector of Police Paramakudi Police Station Ramanathapuram District 7.Prabhu ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 6 to take appropriate action against the seventh respondent in the manner known to law in the nature of conducting enquiry and also prevent the seventh respondent from disturbing the petitioner and other village people belonged to Devendirakula Velalar Community having permanent habitation at the petitioner's village, namely, Venthoni Village from performing the Poojas and worshipping the Rakkatchiamman Temple situated at Survey No. A2/3451 at Venthoni Village, Paramakudi Taluk, Ramanathapuram District,in a peaceful manner based on the representation of the petitioner, dated 21.03.2024 and consequent communication of the Directorate of Adi Dravidar Welfare, Chennai, dated 08.05.2024 to the first respondent, within a time frame fixed by this Court. For Petitioner :
Mr.B.Prahalad Ravi For Respondents :
Mr.S.Shanmugavel Additional Government Pleader for R1 to R3 Ms.M.Aasha Government Advocate (Crl.Side) for R4 to R6
O R D E R
Mr.S.Shanmugavel, learned Additional Government Pleader, takes notice for the respondents 1 to 3 and Ms.M.Aasha, learned Government Advocate (Criminal Side), takes notice for the respondents 4 to 6.
2. In view of the nature of order proposed to be passed, notice to the seventh respondent is dispensed with.
3. With the consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.
4. This writ petition has been filed seeking for a direction to the respondents 1 to 6 to take appropriate action against the seventh respondent in the manner known to law by conducting enquiry and also prevent the seventh respondent from disturbing the petitioner and other village people, who belong to Devendirakula Velalar Community having permanent habitation in Venthoni Village from performing Poojas and worshipping the Rakkatchiamman Temple situated at Survey No. A2/3451 at Venthoni Village, Paramakudi Taluk, Ramanathapuram District,in a peaceful manner based on
the representation of the petitioner, dated 21.03.2024 and the consequent communication of the Directorate of Adi Dravidar Welfare, Chennai, dated 08.05.2024 to the first respondent, within a time frame to be fixed by this Court.
5. The petitioner is a Poojari of Rakkatchiamman Temple. He lodged a complaint before the authorities, including the sixth respondent, alleging that the seventh respondent is disturbing him from performing poojas and worshipping the said Temple in a peaceful manner. While being so, the seventh respondent, who belonged to the other community, started giving of all sorts of trouble to the petitioner and other worshippers illegally and highhandedly restraining them from entering into the Temple. On receipt of the said complaint, the sixth respondent conducted a detailed enquiry and found that there was no such occurrence took place as alleged by the petitioner and therefore, closed the complaint lodged by the petitioner.
6. Further, the third respondent also conducted an enquiry on the complaint received from the petitioner and found that the seventh respondent filed a writ petition in W.P.(MD) No.22256 of 2024 before this Court seeking to
remove the construction put up by the petitioner in a water body in the name of temple and in such circumstances, the petitioner in order to wreck vengeance has filed the present writ petition.
7. From the communications received from the third respondent and the sixth respondent, it is seen that the enquiries conducted by them have been concluded and the request made by the petitioner has been rejected. Therefore, the directions sought for by the petitioner in this writ petition cannot be granted and this writ petition is devoid of merits.
8. Accordingly, this writ petition is dismissed. No costs. 25.11.2024 NCC :
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To:
1.The District Collector, Ramanathapuram District, Ramanathapuram.
2.The Sub Collector, Paramakudi, Ramanathapuram District.
3.The Tahsildar, Paramakudi Taluk, Paramakudi, Ramanathapuram District.
4.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.
5.The Deputy Superintendent of Police, Paramakudi, Ramanathapuram District.
6.The Inspector of Police, Paramakudi Police Station, Ramanathapuram District.
G.K.ILANTHIRAIYAN , J.
krk 25.11.2024