Court No- 5

Bench: H O N ’ B L E J U S T I C E A N I R U D D H A B O S E
HON’BLE JUSTICE MR. JUSTICE SANJAY
KUMAR]
Item no -47
SLP(C) No. 022631 - 022632 / 2019
Case Title: K. MATHAIYAN vs. THE SUB DIVISIONAL MAGISTRATE AND SUB
COLLECTOR/ REVENUE DIVISIONAL OFFICER

Case details Writ Petition filed under Article 226 of the Constitution of India praying to issue a
Writ of Mandamus to issue a Writ of Mandamus to direct the respondents 1 to 3 to conduct the
annual Masi Month festival of Mariyamman Temple Ammani Kondalampatti at Salem pursuant to
the petitioners representation dated 06/02/2019 and 07/02/2019.
Facts This Intra-Court Appeal has been filed by Mr.K.Dhanapal, the appellant herein, aggrieved
by the order dated 11.04.2019 passed by the learned Single Judge in WP.No.5624/2019 filed by
Mr.S.Subramani against the District Collector, Salem, the Joint Commissioner, HR&CE
Department, Salem, the Commissioner of Police, Salem City, Salem, along with the private
respondents, viz., Manickam, E.Sakthi, P.Anbazhagan, Vellimalai and K.Dhanapal [present
appellant herein]. 2 The learned Single Judge, by the order, impugned before us, in paragraph
No.8 has directed as under:- ''8 In this case, as this Court finds that the subject matter temple
festival cannot be permitted to be conducted by any one of the private parties, as such permission
would only result in a law and order situation, the 2 nd respondent is directed to conduct the
periodical festivals at the subject matter of temple with the help of the HR&CE officials also by
seeking police protection, if required, pending decision of the cse in OS.No.98/2017 on the file of
the Additional District Munsif Court, Salem. All the parties including the petitioner and the
private respondents are entitled to take part in the festivals as like any other public, without
causing any hindrance or disturbance to the conduct of the festival as directed by this Court. It is
made clear that the above order passed by this Court is only to see that the festivals are being
conducted in the said temple without any break, however, without expressing any view on the
merits of the claim made by the respective parties in respect of their right to conduct such festivals
in the said temple, as this Court leave such question to be decided by the Civil Court. The writ
petition is disposed of accordingly. No costs.”
Court Observed Accordingly, we dispose of the writ appeal by requesting the Trial Court to
expedite the trial in OS.No.98/2017 and conclude the same expeditiously as early as possible. Till
the suit is decided in accordance with law, the arrangement directed by the learned Single Judge in
paragraph No.8 quoted above, shall continue for all the festivals in question for the said temple.
Held by Court The writ appeal stands disposed of with the above observations. No costs.
Consequently, connected miscellaneous petition is closed.

SUBMITED BY :ANKIT KUMAR