Madras High Court
Selvamani vs The District Collector on 23 June, 2021
W.P.(MD).No.17927 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.06.2021
CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD).No.17927 of 2019
and W.M.P.(MD).No.14378 of 2019
Selvamani ...Petitioner
Vs.
1.The District Collector,
Trichy District,
Trichy.
2.The Revenue Divisional Officer,
Musiri Taluk,
Trichy District.
3.The Tahsildar,
Thuraiyur Taluk,
Trichy District.
4.The Inspector of Police,
Thuraiyur Police Station,
Trichy.
5.Rengaraj
6.Durai Pandiyan
7.Kaliyaperumal
8.Raji
9.Periyannah
10.Selvakumar
11.Chinnasamy ... Respondents
1/6
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.17927 of 2019
Prayer: This Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Certiorarified Mandamus, to call for the records of the 3rd
respondent's impugned order in Na.Ka.M(1)-100-2018, dated 26.07.2019 and
quash the same as it violates the right of worship of the village people and
permit them to perform their poojas and other rituals at Arulmigu Selva Maha
Mariyamman Kovil and Selva Vinayagar Kovil at Ammapatti Village,
Thuraiyur Taluk, Trichy District, by considering the petitioner representation,
dated 22.07.2019, within the period as stipulated by this Court.
For Petitioner : Mr.A.Haja Mohideen
For Respondents : Mr.R.Suresh Kumar for R1 to 4
Government Advocate
Mr.Mayilvahana Rajendran
for R9 to R11
ORDER
The present writ petition has been filed challenging the impugned
order passed by the third respondent, dated 26.07.2019, wherein, the third
respondent has directed the parties not to conduct any pooja or festival till the
completion of the civil proceedings between the parties.
2.Heard Mr.A.Haja Mohideen, learned counsel appearing for the
petitioner, Mr.R.Suresh Kumar, learned Government Advocate appearing for
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W.P.(MD).No.17927 of 2019
the respondents 1 to 4 and Mr.Mayilvahana Rajendran, learned counsel
appearing for the respondents 9 to 11.
3.It is seen from records that there is a long standing dispute between
the petitioner and private respondents and there is also a suit pending in
O.S.No.172 of 2017 on the file of the District Munsif Court, Thuraiyur.
Various attempts were made to some how pacify both the parties and conduct
the festival in a peaceful manner. It is clear from the impugned order passed
by the third respondent that the parties are not in a mood to compromise and
the dispute continues. Therefore, fearing law and order problem the third
respondent has passed the order directing both the parties not to conduct any
pooja or festival till the completion of the civil proceedings.
4.In the considered view of this Court, the third respondent has taken
into consideration the prevailing situation and has come to the conclusion and
this Court does not find any illegality or infirmity in the decision taken by the
third respondent.
5.The learned counsel for the petitioner submitted that this order was
passed two years back and atleast now the third respondent can be directed to
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W.P.(MD).No.17927 of 2019
reconsider the decision after taking note of the prevailing situation.
6.There are only two options that are left to the parties. Either the
parties will have to await the final judgment and decree in the pending suit or
the parties must come to some agreement to conduct the festival in a smooth
manner and the same can even be placed before the concerned Court, where
the suit is pending and decree can be passed in terms of the understanding
between the parties. It will also be left open to make a representation to the
third respondent who can call the parties for enquiry and if the parties agree
to carry on with the poojas and festival in a peaceful manner, an attempt can
be made to permit them to celebrate the same. If there is no agreement
between the parties, the third respondent has to stick on to the impugned
order passed, on 26.07.2019. Except giving this clarity no further orders can
be passed in this writ petition.
7.Accordingly, this writ petition is disposed of accordingly. No costs.
Consequently, connected miscellaneous petition is closed.
23.06.2021
Internet : Yes/No
Index : Yes/No
TM
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.17927 of 2019
NOTE:
In view of the present lock down owing to COVID-19 pandemic,
a web copy of the order may be utilized for official purposes, but,
ensuring that the copy of the order that is presented is the correct
copy, shall be the responsibility of the advocate/litigant
concerned.
To
1.The District Collector,
Trichy District,
Trichy.
2.The Revenue Divisional Officer,
Musiri Taluk,
Trichy District.
3.The Tahsildar,
Thuraiyur Taluk,
Trichy District.
4.The Inspector of Police,
Thuraiyur Police Station,
Trichy.
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.17927 of 2019
N.ANAND VENKATESH, J.
TM
Order made in
W.P.(MD).No.17927 of 2019
23.06.2021
https://www.mhc.tn.gov.in/judis/
