N.Periyasamy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.08.2023 CORAM THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)Nos.22069 & 24311 of 2019 W.P.(MD)No.22069 of 2019 V. Chandrasekar ... Petitioner Vs

¶1The District Collector, Trichy District, Trichy-620 001.

¶2The Tahsildar, Manapparai Taluk, Trichy-621 306.

¶3The Deputy Inspector General of Police, Trichy Range, Trichy-620 020.

¶4The Deputy Superintendent of Police, Manapparai Sub Division, Manapparai, Trichy-621 306.

¶5The Inspector of Police, Manapparai Police Station, Manapparai, Trichy-621 306.

¶6P. Rajendran

¶7V. Perumal

¶8N. Chinnathamni

¶9A. Thangavel .... Respondents [R6 to R9 impleaded vide Order of this Court, dated 22.11.2019] Prayer : Writ Petition is filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus to direct the respondents to take appropriate action to open the Arulmigu Sri Rajakaliamman Temple situated in Natham Survey o. 374 meant for worship by all the common people of our village and to perform daily Poojas, Ceremonies regularly. For Petitioner : Mr.J.Sanjey Vignesh For R-1 & R-2 : Mr.S.P.Maharajan Special Government Pleader For R-3 to R-5 : Mr.K.Sanjai Gandhi Government Advocate (Criminal Side) For R-6 to R-9 : Mr.M.Karthikeya Venkitachalapathy W.P.(MD)No.24311 of 2019 N.Periyasamy

... Petitioner vs.

1.The District Collector, Trichy District, Trichy.

2.The Thasildar, Manapparai taluk, Trichy District.

3.The Deputy Superintendent of Police, Manapparai, Trichy District.

4.The Inspector of Police, Manapparai Police Station, Trichy District.

5.K.Periyasamy

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents to permit the Petitioner and other villagers to conduct day to day poojas in Sri Raja Kaliamman temple situated at Kalathupatti, Mondippatti village, Manapparai Taluk, Trichy District. For Petitioner : Mr.M.Karthikeya Venkitachalapathy For R-1 & R-2 : Mr.S.P.Maharajan Special Government Pleader For R-3 & R-4 : Mr.K.Sanjai Gandhi Government Advocate (Criminal Side) For R-5 : No appearance COMMON ORDER These writ petitions have been filed for Writ of Mandamus directing the respondents to permit the petitioners and other villagers to conduct day to day poojas in Sri Raja Kaliamman temple situated at Kalathupatti, Mondippatti village, Manapparai Taluk, Trichy District.

¶2The contention of the petitioners is that the 5th respondent Periyasamy had created some problem, hence the Revenue Officials have intervened in the matter and closed the temple and handed over the key to the Village Administrative Officer. Pending Writ Petition, the 5th respondent has constructed a new temple and he is administering the said new temple. However, the present temple is closed due to dispute.

¶3As on now, there is no dispute, since the 5th respondent has constructed the new temple. Therefore, the petitioners are seeking permission to open the temple.

¶4The petitioners are directed to give an undertaking that they will not create any Law and Order problem. On receipt of the such undertaking from the petitioners, the Tahsildar is directed to open the temple for daily pooja and allow the devotees to visit the temple.

¶5The petitioner along with other villagers and the Tahsildar shall take inventory regarding the properties of the temple and the inventory shall be handed over to the Tahsildar.

¶6With these observations and directions, these Writ Petitions are allowed. There shall be no order as to costs.

Index : Yes / No

24.08.2023 Internet : Yes NCC : Yes / No Sml/Ksa To

¶1The District Collector, Trichy District, Trichy-620 001.

¶2The Tahsildar, Manapparai Taluk, Trichy-621 306.

¶3The Deputy Inspector General of Police, Trichy Range, Trichy-620 020.

¶4The Deputy Superintendent of Police, Manapparai Sub Division, Manapparai, Trichy-621 306.

¶5The Inspector of Police, Manapparai Police Station, Manapparai, Trichy-621 306. S.SRIMATHY, J Sml/Ksa Common Order made in W.P.(MD)Nos.22069 & 24311 of 2019

24.08.2023