S.Melapatti Sri Mariyamman Khathiriya Hindu Nadarkal Uravinmurai v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.24485 of 2023 S.Melapatti Sri Mariyamman Khathiriya Hindu Nadarkal Uravinmurai Welfare Society through its Secretary S.Karthikaisamy Having Office at S.Melapatti, Peraiyur Taluk, Madurai District.

... Petitioner Vs.

1.The District Collector, Collectorate, Madurai.

2.The Tahsildar, Office of the Tahsildar, Peraiyur Taluk, Madurai District.

3.S.Melapatti Nadar Uravinmurai through its President Kannan, having office at S.Melapatti, Peraiyur Taluk, Madurai Taluk.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 1st, 2nd respondents to take necessary action restraining the 3rd respondents society 1/4

from interfering the day to day worship and celebration of Hindu Temple the Sri Mariyamman Temple situated at S.Melapatti, Peraiyur Taluk, Madurai District on the basis of petitioner's representation dated 01.11.2023. For Petitioner : Mr.M.Suresh For Respondents : Mr.C.Satheesh Government Advocate for R1 & R2 : Mr.R.Karthick Rajan for R3

ORDER

Heard both sides.

2. The petitioner claims that the third respondent is interfering with their rights. If that be so, remedy is elsewhere.

3. The learned Government Advocate informs the Court that the suit filed by the petitioner was already dismissed and that it is pending before the first appellate Court. Be that as it may, the petitioner has to obtain their relief and remedy only before the jurisdictional civil Court.

4. Granting such liberty to pursue their remedies before the jurisdictional Civil Court, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

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To 1.The District Collector, Collectorate, Madurai.

2.The Tahsildar, Office of the Tahsildar, Peraiyur Taluk, Madurai District.

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G.R.SWAMINATHAN, J.

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