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S.Ramalingam vs The District Collector
2024 Latest Caselaw 8123 Mad

Citation : 2024 Latest Caselaw 8123 Mad
Judgement Date : 24 May, 2024

Madras High Court

S.Ramalingam vs The District Collector on 24 May, 2024

Author: S.Srimathy

Bench: S.Srimathy

                                                                         W.P(MD)No.11182 of 2024


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED : 24.05.2024

                                                     CORAM :

                                  THE HON`BLE MRS.JUSTICE S.SRIMATHY

                                         W.P(MD) No.11182 of 2024
                                                   and
                                    W.M.P.(MD)Nos.10008 and 9956 of 2024

                     S.Ramalingam                                     ... Petitioner
                                                        Vs.
                     1.The District Collector,
                       Dindigul District,
                       Dindigul.

                     2.The Superintendent of Police,
                       Dindigul District,
                       Dindigul.

                     3.The Joint Commissioner,
                       HR & CE Department,
                       Dindigul.

                     4.The Tahsildhar
                       Vedasandhur Taluk,
                       Dindigul District.

                     5.The Inspector of Police,
                       Vedasandhur Police Station,
                       Dindigul District.

                     6.The Inspector,
                       HR & CE Department,
                       Dindigul.

                     7.Ramesh Kumaran

                     1/7
https://www.mhc.tn.gov.in/judis
                                                                            W.P(MD)No.11182 of 2024


                     8.Jeyakumar

                     9. C.Nithin

                     10.Maheswaran

                     11.Senthil Kumar

                     12.K.Visuwanathan
                     (R9 to R12 are impleaded as per the order of this Court,
                       vide order dated 24.05.2024, in W.M.P.(MD)Nos.10018, 10019, 10021
                       and 10053 of 2024)
                                                                ... Respondents

                     PRAYER: Writ Petition is filed under Article 226 of the Constitution of
                     India, praying for issuance of a Writ of Mandamus, directing the
                     respondents 2 and 5 herein to intervene in the matter of Arulmighu Maha
                     Mariamman Thirukovil, Kottur, Vedasandhur Taluk, Dindigul District
                     and to take appropriate steps for peaceful and smooth conduct of festival
                     by joining together all the villagers namely Kottur, Valayapatti and
                     Kannimarpalayam, including respondents 7 and 8 herein.


                                   For Petitioner         : Mr.V.R.Shanmuganathan

                                   For R1 to 6            : Mr.M.SakthiKumar
                                                            Government Advocate (Crl.side)

                                   For R7                 : Mr.V.Ragavachari
                                                            for Mr.S.Ramesh

                                   For R8                 : Mr.V.Muthukamatchi


                                   For R9                 : Mr.J.Barathan

                     2/7
https://www.mhc.tn.gov.in/judis
                                                                            W.P(MD)No.11182 of 2024



                                  For R10                  : Mr.P.Praveenkumar

                                  For R11                  : Mr.K.Jeyamohan

                                  For R12                  : Mr.R.Maheswaran

                                                     ORDER

The petitioner has filed this petition for a Writ of Mandamus

to direct the respondents 2 and 5 herein to intervene in the matter of

Arulmighu Maha Mariamman Thirukovil, Kottur, Vedasandhur Taluk,

Dindigul District and to take appropriate steps for peaceful and smooth

conduct of festival by joining together all the villagers namely Kottur,

Valayapatti and Kannimarpalayam, including respondents 7 and 8 herein.

2. Heard the learned counsel on either side.

3. The 8th respondent was selected/elected as Administrative

Head on 12.07.2023 and he was granted permission to conduct festival.

The Administrative Committee is consisting of 15 members. It was

accepted in the meeting held on 12.07.2023 that the 7th respondent/

Ramesh Kumaran would be conferred with the following rituals:

https://www.mhc.tn.gov.in/judis

'2023 [_iy khjk; 12-k; Njjpf;F rkkhj

NrhgfpUJ tUlk; Mdpkhjk; 27-k; Njjp

kfhkhhpak;kd; Nfhapy; eph;thf Ch; $l;lk;

eilngw;wJ. Nkw;gb $l;lj;jpy; eph;thf

jiytuhf nfh.fe;jrhkp fTz;lh; kfd;

K.n[af;Fkhh; Njh;e;njLf;fg;gl;lhh;.

eph;thf fkpl;b cWg;gpdh;fshf 15 Ngh;

Njh;e;njLf;fg;gl;Ls;shh;fs;. tpguk; 108k; gf;fk;

NkYk; Nfhapy; Fk;ghgpNrfk; kw;Wk; Nehd;G

rhl;Ljy; tpohf;fspy; Jiurhkp kfd;

D.uNk\;Fkud; mtUf;Fk; fq;fdk; fl;Ljy;>

Fk;ghgpNrfk; fyrk; vLj;jy; fye;J nfhs;s

Vfkdjhf jPh;khdpf;fg;gl;lJ.'

,g;gbf;F Ch; nghJkf;fs;.

4. All the parties submitted that the Kumbabhishegam festival is

over and now Mahamariamman Nonbu Festival is going on, which

started from 21.05.2024 and it will end on 04.06.2024.Now, Ramesh

kumaran is seeking permission to participate in other activities also,

which is vehemently denied by Jeyakumar. But, the parties are accepting

https://www.mhc.tn.gov.in/judis

that on 12.07.2023, a meeting was conducted and Rameshkumaran's

certain right was accepted which is extracted above.

5. After considering the above submissions, this Court is not

inclined to deviate from the resolution passed by the Committee in the

meeting conducted on 12.07.2023. Therefore, Jeyakumar is permitted to

conduct the festival this year. If there is any other right accrued to the

parties, the parties are directed to approach the Civil Court to establish

their rights and act as per the judgment that would be rendered by the

Civil Court. The present order is passed only for smooth running of the

festival for the present year only. The Civil Court shall not be influenced

by the present order. The competent Civil Court shall independently

determine the rights of the parties based on the evidence that would be

submitted by the parties.

6. With the above direction, this Writ Petition is disposed of. There

shall be no order as to costs. Consequently, connected Miscellaneous

petition are closed.



                                                                                          24.05.2024
                     Index         : Yes/No


https://www.mhc.tn.gov.in/judis

Internet : Yes/No NCC : Yes/No LS Note : Issue order copy on 24.05.2024

To

1.The District Collector, Dindigul District, Dindigul.

2.The Superintendent of Police, Dindigul District, Dindigul.

3.The Joint Commissioner, HR & CE Department, Dindigul.

4.The Tahsildhar Vedasandhur Taluk, Dindigul District.

5.The Inspector of Police, Vedasandhur Police Station, Dindigul District.

6.The Inspector, HR & CE Department, Dindigul.

7.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis

S.SRIMATHY, J.

LS

Order made in

24.05.2024

https://www.mhc.tn.gov.in/judis

 
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