P.Muthusamy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and W.M.P.(MD)No.25438 of 2024 P.Muthusamy ... Petitioner -Vs1.The District Collector, Virudhunagar District, Virudhunagar 2.The Tahsildar, Vembakottai Taluk, Vembakottai, Virudhunagar District.

3.Kalimuthu 4.Murugan ... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order dated 04.12.2024 in Na.Ka.A1/2080/2024 issued by the 2nd respondent and quash the same as illegal and consequently directing the respondents 1 and 2 to permit the completion of the arch construction within the temple compound situated at Arulmigu Kandiyaramman Thirukovil, Kandiyapuram Village, Vembakottai Taluk, Virudhunagar District and to ensure that no administrative impediment is created to obstruct the religious and cultural rights of the petitioners and the villagers of Kandiyapuram. 1/4

For Petitioner : Mr.P.Saravanakumar For Respondents : Mr.D.Gandhiraj Special Government Pleader

ORDER

This writ petition has been filed challenging the order passed by the second respondent in a peace committee meeting dated 04.12.2024, thereby resolved by A and B parties not to put up any arch in front of the temple inside the compound wall.

2.Mr.D.Gandhiraj, learned Special Government Pleader takes notice for the respondents.

3.By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

4.The petitioner is the resident of Kandiyaramman village and he is the Assistant to the Head of his village. The temple, namely, Arulmigu Kandiyaramman Thirukovil is located in Kundayiruppu Village in Survey No. 433/10 in an extent of 0.47.0 ares at Utkadai Kandiyapuram Village, Vembakottai Taluk, Virudhunagar District. The petitioner's group intended to put up an arch in front of the temple. However, in the same community, there are two other groups and they objected the same. Therefore, a peace committee 2/4

meeting was conducted and it was resolved that if all the three parties consented to construct the arch, they can construct the same. Otherwise, no construction to be made in front of the temple. 5.Admittedly, the committee of the temple did not obtain any standing permission or permission from any local bodies to construct the arch in front of the temple. That apart, the petitioner is also one of the parties to the resolution and signed in the same. IIn view of the above, this Court does not find any infirmity or illegality in the order passed by the second respondent. 6.Accordingly, this writ petition is dismissed as devoid of merits. No costs. Consequently, connected miscellaneous petition is closed. 16.12.2024 Index : Yes / No NCC : Yes / No ta To 1.The District Collector, Virudhunagar District, Virudhunagar 2.The Tahsildar, Vembakottai Taluk, Vembakottai, Virudhunagar District.

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G.K.ILANTHIRAIYAN, J.

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