Shanmugam Pillai v. Muthandi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.06.2018

CORAM:

THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU AND THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI W.A[MD].No.789 of 2013 Shanmugam Pillai .. Appellant/3rd Respondent Vs.

1.Muthandi .. Petitioner / 1st Respondent 2.The Tahsildar, Melur Taluk, Madurai District.

3.The Sub Inspector of Police, Keelavalavur Police Station, Madurai District.

.. Respondents 1and 2 / Respondents 2 and 3 PRAYER: Appeal filed under Clause 15 of Letters Patent Act, against the order of this Court dated 08.03.2013 passed in W.P.(MD).No.3675 of 2013.

Prayer in WP(MD). 3675/ 2013 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, by calling for the entire records pertaining to the order passed by the 1st respondent his proceedings in Na.Ka. No.9137/2012/A2 dated 01.03.2013 in so far imposition of ban in doing Annadhanam in connection with Masi Thiruvizha which is scheduled to take place on 10.03.2013 at Vazhai Karuppasamy Temple, Boothamangalam Village, Melur Taluk, Madurai District and quash the same and pass such further or other orders.

For Appellant : Mr.S.Subbiah, Senior Counsel.

For R1 : Mr.R.Anand For R2 and R3 : Mr.K.Mu.Muthu Additional Government Pleader JUDGEMENT [Judgement of the Court was delivered by K.RAVICHANDRABAABU, J] This writ appeal is directed against the order passed in the writ petition, dated 08.03.2013 in W.P.(MD).No.3675 of 2013. https://hcservices.ecourts.gov.in/hcservices/

2.Heard Mr.S.Subbiah, learned counsel appearing for the appellant and Mr.R.Anand, learned counsel appearing for the first respondent and Mr.K.Mu.Muthu, learned Additional Government Pleader appearing for the second and third respondents. 3.The third respondent before the writ Court is the appellant herein. The first respondent herein as the writ petitioner challenged the proceedings of the Tahsildar, Melur Taluk, imposing certain conditions while granting permission to conduct festival and doing Annadhanam in connection with Masi Thiruvizha scheduled to be held on 10.03.2013. The learned Judge after considering all the parties, set aside the said order of the Tahsildar by making an observation that it was open to the petitioner and other villagers to put up temporary sheds in connection with the temple festival on 10.03.2013 from 10.00 a.

m., to 05.00 p.m. The learned Judge further observed that the permission granted by the writ Court would not give any right to the petitioner to claim any kind of privilege or right to claim Government land. The said order is put to challenge before us in the present writ appeal.

4.Considering the prayer sought for in the writ petition and also considering the facts that the entire issue involved in this case was in respect of the festival scheduled in the month of March 2013, we find nothing survives for adjudication in this writ appeal. Accordingly, this writ appeal is dismissed as infractuous. No costs. Sd/- Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar To 1.The Tahsildar, Melur Taluk, Madurai District.

2.The Sub Inspector of Police, Keelavalavur Police Station, Madurai District.

+1cc to Special Government Pleader, SR.No.68231. W.A[MD].No.789 of 2013 13.06.2018 NS https://hcservices.ecourts.gov.in/hcservices/ RAM/SB/SAR 3/26.06.2018/2P/4C