Madras High Court
S.Muthukumar vs The Tahsildar on 3 March, 2022
W.P.(MD)No.3894 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.(MD)No.3894 of 2022
S.Muthukumar .. Petitioner
Vs
The Tahsildar,
Vembakottai Taluk,
Virudhunagar District. .. Respondent
PRAYER: Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus, directing the respondent to grant permission
and hand over the keys of the Arulmighu Kamba Kamatchi Amman Shri
Kathavarayan Temple, situated at Sri Chakra Nagar,
S.Sankaramoorthypatti, T.N.C.Alangulam, Vembakottai Taluk,
Virudhunagar District, to the petitioner for celebrating the Annual Masi
Festival from 03.03.2022 to 18.03.2022 and regular worshipping.
For Petitioner : Mr.M.Kannan
For Respondent : Mr.B.Saravanan
Additional Government Pleader
1/6
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.3894 of 2022
ORDER
This writ petition has been filed seeking for a Mandamus to direct
the respondent to grant permission and hand over the keys of Arulmighu
Kamba Kamatchi Amman Shri Kathavarayan Temple, situated at Sri
Chakra Nagar, S.Sankaramoorthypatti, T.N.C.Alangulam, Vembakottai
Taluk, Virudhunagar District, to the petitioner for celebrating the Annual
Masi Festival from 03.03.2022 to 18.03.2022 and regular worshipping in
the temple.
2.Heard Mr.M.Kannan, learned counsel for the petitioner and
Mr.B.Saravanan, learned Additional Government Pleader, who accepts
notice on behalf of the respondent.
3.The case of the petitioner is that despite having succeeded before
the Civil Court as seen from the Judgment and Decree dated 08.09.2020
passed in A.S.No.23 of 2016 by the learned Sub Judge, Sivakasi, the keys
of the aforementioned temple has not been handed over to the petitioner
by the respondent. According to the petitioner, the Annual Masi Festival
in the aforementioned temple, takes place between 03.03.2022 to
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W.P.(MD)No.3894 of 2022
18.03.2022 and therefore, the keys will have to be handed over to the
petitioner to enable the smooth conduct of the said festival between the
said dates. According to the petitioner, even in the peace committee
meeting held on 04.02.2022, a resolution was passed, under which the
petitioner was permitted to take charge of the aforementioned temple and
was also afforded police protection. In such circumstances, he seeks for
the prayer sought for in this writ petition.
4.However, it is the contention of the learned Additional
Government Pleader, appearing for the respondent that there is law and
order problem and the proceedings under Section 144 Cr.P.C., has
already been initiated, on 28.02.2022. The copy of the said proceedings
has also been placed before this Court today.
5.The learned counsel for the petitioner disputes the said statement
and he would submit that there is no law and order problem as projected
by the respondent. He would submit that the petitioner is prepared to
give a representation to the respondent, requesting them to hand over the
keys of the aforementioned temple to him for the purpose of celebrating
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W.P.(MD)No.3894 of 2022
the Annual Masi Festival from 03.03.2022 to 18.03.2022.
6.This Court, after considering the submissions made by the
respective counsels, is of the considered view that no prejudice will be
caused to the respondent, if the petitioner is allowed to give a fresh
representation, requesting the respondent to hand over the keys of the
aforementioned temple to enable him to conduct the Annual Masi
Festival referred to supra and the respondent on receipt of the said
representation shall consider the same on merits and in accordance with
law, after affording a fair hearing to the petitioner.
7.Accordingly, this Court directs the petitioner to submit the
representation to the respondent requesting the respondent to hand over
the keys of Arulmighu Kamba Kamatchi Amman Shri Kathavarayan
Temple, situated at Sri Chakra Nagar, S.Sankaramoorthypatti,
T.N.C.Alangulam, Vembakottai Taluk, Virudhunagar District, to the
petitioner for celebrating the Annual Masi Festival from 03.03.2022 to
18.03.2022, based on the Judgment and Decree, dated 08.09.2020 passed
in A.S.No.23 of 2016 passed by the learned Sub Judge, Sivakasi,
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W.P.(MD)No.3894 of 2022
forthwith and on receipt of the said representation, the respondent shall
consider the same and pass final orders on merits and in accordance with
law, after affording a fair hearing to the petitioner, within a period of two
days, from the date of receipt of the said representation from the
petitioner.
8.With the aforesaid directions, this writ petition is disposed of. No
costs.
03.03.2022
Index: Yes/No
Internet : Yes/No
TM
Note: Issue Order copy on 03.03.2022.
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
The Tahsildar,
Vembakottai Taluk,
Virudhunagar District.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.3894 of 2022
ABDUL QUDDHOSE, J.
TM
W.P.(MD)No.3894 of 2022
03.03.2022
https://www.mhc.tn.gov.in/judis
