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Madras High CourtWA(MD)/485/2013dismissed as infructuous

A.Dalavai Pillai v. Esakki Muthu

2018-07-18Honourable Mr Justice K. Ravichandrabaabu,Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU AND THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI W.A(MD)NO.485 OF 2013 and M.P(MD)No.3 of 2013 A.Dalavai Pillai :Appellant/Third Party .Vs.

1. Esakki Muthu :Ist Respondent/Writ Petitioners

2. The Superintendent of Police, O/o.The Superintendent of Police, Thoothukudi District.

3. The Inspector of Police, Thattaparai Police Station, Thattaparai, Thoothukudi Rural, Thoothukudi District.

:Respondents 2 and 3/Respondents 1 and 2 PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent praying this Court to set aside the order passed by this Court in W.P(MD)No.8195 of 2013, dated 08.05.2013.

Prayer in WP(MD)No. 8195/ 2013 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue writ of Mandamus directing the respondents to grant permission and provide appropriate police protection to conduct the temple festival of Arulmighu Shri Akkini Muthamman temple situated at Keela chekkarakudi, Thoothukudi district for the period of 3 days commencing from 13.5.2013 to 15.05.2013 as per the representation of the petitioner dated 05.05.2013.

For Appellant : M/s.M.P.Senthil For Respondent-1 : Mr.S.Siva Ilayaraja For Respondents : Mr.C.M.Mari Chelliah Prabu 2 and 3 Addl.Govt.Pleader

JUDGMENT

[Judgment of the Court was made by K.RAVICHANDRABAABU,J.] This Writ Appeal is directed against the order passed by the Writ Court in W.P(MD)No.8195 of 2013, dated 08.05.2013. 2.The appellant herein is the third party to the Writ Petition. The Writ Petitioner sought for a direction to the official respondents namely, the Police to grant permission and to provide appropriate Police Protection to conduct the temple festival of https://hcservices.ecourts.gov.in/hcservices/

Arulmighu Shri Akkini Muthamman Temple situated at Keela Chekkarakudi, Thoothukudi District for a period of three days commencing from 13.05.2013 to 15.05.2013.

3.The Writ Court disposed of the said Writ Petition, with a direction to the Inspector of Police,Thattapparai Police Station, Thoothukudi Rural, Thoothukudi District to consider the representation made by the Writ Petitioner therein. Challenging the said order, the present Writ Appeal is filed. Though the Writ appeal was admitted on 15.05.2013, it appears that no interim order was granted pending disposal of the Writ Appeal. As it is seen that the very period of conducting such function in the said temple was already over as early as on 15.05.2013, We find nothing survives in this Writ Appeal to be adjudicated upon further. 4.Accordingly, this Writ Appeal is dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petition is dismissed. Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar(CS-IV) To

1. The Superintendent of Police, O/o.The Superintendent of Police, Thoothukudi District.

2. The Inspector of Police, Thattaparai Police Station, Thattaparai, Thoothukudi Rural, Thoothukudi District.

+1CC to the Special Government Pleader SR.No. 73832 W.A(MD)NO.485 OF 2013 and M.P(MD)No.3 of 2013 18.07.2018 VSN ES/SKN/RSK/SAR 4/26.07.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/