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2022 Supreme(Online)(MAD) 41777

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13.12.2022 CORAM:

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN W.P.No.33433 of 2022

1.S.Murugesan

2.Natrajan

3.V.Siddharthan ... Petitioners Vs.

1.The District Collector, District Collector Office, Ariyalur & District.

2.The Superintendent of Police, District Police Office, Ariyalur & District.

3.The District Revenue Officer, District Collector Office, Ariyalur & District.

4.The Revenue Divisional Officer, Revenue Divisional Office, Udayar Palayam, Ariyalur District.

5.The Tahsildar, Tahsildar Office, Jayankondam, Ariyalur District.

6.The Inspector of Police, Udayar Palayam Police Station, Ariyalur District.

7.The Revenue Inspector, Revenue Inspector Office, Udayar Palayam, Ariyalur District.

8.The Village Administrative Officer, Village Administrative Office, Thathanur (West), Udayar Palayam Taluk, Ariyalur District.

9.Chinnadurai 10.Devendran

11.Raja

12.Settu @ Chinnadurai

13.Appadurai

14.Nagarathinam

15.Rajasekar 16.Pandiyan 17.Rajendran

18.Kanthasamy ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to consider the representation of the petitioners dated 13.08.2022 and consequently, direct the respondents to allow the petitioners and their family members to worship the 10th day celebration of the temple or any other day which is possible.

For Petitioners : Mr.R.Sivaraman For Respondents : Mr.S.Santhosh for R1 to R8, Government Advocate (Crl. Side)

ORDER

This Writ Petition has been filed to direct the respondents 1 to 8 to consider the representation of the petitioners dated 13.08.2022 and to allow the petitioners and their family members to worship the temple on its 10th day of celebration.

2. The learned counsel for the petitioners submitted that the petitioners are prevented by the respondents 9 to 18 from worshiping their Deity in “Sree Maha Mariyamman Temple”. It is further submitted that every year there shall be a temple festival during the month of May and every year, they are prevented by the respondent 9 to 18 from worshiping their Deity. Hence, the present petition has been filed.

3. The learned Government Advocate (crl.side) for the respondents 1 to

8 submitted that the peace committee meeting was held on 11.05.2022 and the fourth respondent/Revenue Divisional Officer advised both the parties to amicably celebrate the temple festival. However, the petitioners were not permitted to worship the Deity. Therefore, they gave a complaint against the respondents 9 to 18. On the basis of the complaint, CSR was registered and it is still pending. Thereafter, the petitioners organized road roko on 12.05.2022 for the reason that they were not permitted to worship. In this regard, a case has been registered against the petitioners in Crime No.94 of 2022 for the offences under sections 143 & 283 of IPC.

4. Heard the learned counsel for the petitioners and the learned Government Advocate (crl.side) for the respondents 1 to 8.

5. Considering the rival submissions, this Court is of the view that it is not in dispute that the aforesaid temple is a public temple. Since it is a public temple, every person has right to worship the Deity in the temple. Therefore, the respondents 1 to 8 are directed to ensure that proper protection is given to the petitioners for worshiping theDeity in future.

6. With the above direction, this Writ Petition is disposed of. No costs.

13.12.2022 (1/2)

Internet:Yes Index:Yes/No shk To:

1.The District Collector, District Collector Office, Ariyalur & District.

2.The Superintendent of Police, District Police Office, Ariyalur & District.

3.The District Revenue Officer, District Collector Office, Ariyalur & District.

4.The Revenue Divisional Officer, Revenue Divisional Office, Udayar Palayam, Ariyalur District.

5.The Tahsildar, Tahsildar Office, Jayankondam, Ariyalur District.

6.The Inspector of Police, Udayar Palayam Police Station, Ariyalur District.

G.CHANDRASEKHARAN, J.

shk

7.The Revenue Inspector, Revenue Inspector Office, Udayar Palayam, Ariyalur District.

8.The Village Administrative Officer, Village Administrative Office, Thathanur (West), Udayar Palayam Taluk, Ariyalur District.

9.The Public Prosecutor, High Court of Madras. W.P.No.33433 of 2022 (1/2)

13.12.2022

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