Madras High Court
A.Mathiyalagan vs The Tahsildar on 6 August, 2024
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
2024:MHC:2995
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED 06.08.2024
CORAM
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P(MD)No.18937 of 2024
A.Mathiyalagan ..Petitioner
Vs
1.The Tahsildar,
Marungapuri Taluk,
Trichy District.
2.The Village Administrative Officer,
Thathanoor Village,
Marungapuri Taluk,
Trichy District.
3.A Mathavan ..Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus directing the first
respondent to hand over the key to the Petitioner in respect of Arulmighu
Muthumariamman Temple, Thathanoor Village, Marungapuri Taluk, Trichy
Distyrict based on the Petitioner’s representation dated 15.7.2024.
For Petitioner :Mr.M.Suresh
For Respondents :Mr.D.Sadiq Raja
1 and 2 Additional Govt.Pleader
ORDER
The
https://www.mhc.tn.gov.in/judis Petitioner has filed this Writ Petition seeking for issuance of a
Writ of Mandamus directing the first respondent to hand over the key to
the Petitioner in respect of Arulmighu Muthumariamman Temple,
Thathanoor Village, Marungapuri Taluk, Trichy Distyrict based on the
Petitioner’s representation dated 15.7.2024.
2.Mr.D.Sadiq Raja, learned Additional Government Pleader takes
notice for the respondents 1 and 2. By consent of both parties, the Writ
Petition is taken up for final disposal at the admission stage itself.
3.It is the case of the Writ Petitioner that the Petitioner has got a
judgment and decree as against the second respondent in the suit filed
by him in O.S.No.187 of 2013. In the year 2013, it was agreed in the
Peace Committee Meeting that the key of the above said temple should
be kept by the Village Administrative Officer. Now in view of the judgment
and decree in favour of the Petitioner, the Petitioner wants to consider his
representation for handing over the key of the Petition mentioned temple
to him.
4.The learned Additional Government Pleader appearing for the
respondents 1 and 2, on instructions, submitted that the Petitioner has
suppressed the further suit in O.S.No.356 of 2013, which is also
dismissed on the same date, wherein, the relief for granting injunction is
negatived by the Court below. It is further submitted that as per the
https://www.mhc.tn.gov.in/judis
Peace Committee Meeting recorded in the year 2013, it is decided that
the key should be kept by the Village Administrative Officer.
5.A perusal of the other judgment produced in O.S.No.356 of 2013
also seems to have connected with the Peace Committee Meeting held
on 23.5.2013 with regard to the conduct of poojas in the petition
mentioned temple. Therefore, for the rights declared in the suit, the
rights already vest with the revenue officials cannot be now disturbed.
Since the right of the Petitioner to conduct pooja was already decided,
there is no basis for the Petitioner to claim that the key of the temple to
be handed over to him and thus the Writ Petition fails.
6.For the reasons stated above, the Writ Petition stands dismissed.
No costs.
06.08.20245
Index : Yes/No
Internet:Yes/No
NCC :Yes/No
vsn
To
1.The Tahsildar,
Marungapuri Taluk,
Trichy District.
https://www.mhc.tn.gov.in/judis
2.The Village Administrative Officer,
Thathanoor Village,
Marungapuri Taluk,
Trichy District.
https://www.mhc.tn.gov.in/judis
N.SATHISH KUMAR.,J
vsn
ORDER MADE IN
W.P(MD)No.18937 OF 2024
06.08.2024
https://www.mhc.tn.gov.in/judis
https://www.mhc.tn.gov.in/judis
https://www.mhc.tn.gov.in/judis
https://www.mhc.tn.gov.in/judis
https://www.mhc.tn.gov.in/judis
https://www.mhc.tn.gov.in/judis
