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K.Mathaiyan, Vs The District Collector — Public Procurement and Tenders | Madras HC (2018)

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Madras HC
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K.Mathaiyan, Vs The District CollectorK.Mathaiyan, v. The District Collector

Dismissed

K.Mathaiyan, v. The District Collector

Madras HC7 Dec 2018WP/32589/2018

Case brief

from the order text

What is this about?

COURT OF JUDICATURE AT MADRAS DATED:…

What the court decided

AI extract

Outcome

A

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.12.2018

CORAM:

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN

W.P.No.32589 of 2018
and
W.M.P.Nos.37784, 37787, 37788 of 2018
K.Mathaiyan ... Petitioner
Vs.
1. The District Collector,
Salem District, Salem.
2. The Sub-Divisional Magistrate,
Revenue Divisional Officer,
Mettur Taluk, Salem District.
3. The Deputy Superintendent of Police,
Mettur, Salem District.
4. The Inspector of Police,
Kolathur Police Station,
Salem District.
5. The Secretary,
Kaveripuram Panchayat,
Kaveripuram village,
Mettur Taluk, Salem District.
6. Ramar
7. G.Govindhan
8. G.K.Mani ... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari to call for the records from the second respondent impugned notice in Na.Ka.3920/2015(D) dated 05.12.2018 to quash the same.

https://hcservices.ecourts.gov.in/hcservices/

For Petitioner : Mr. K.S.Karthik Raja

For Respondents : Mr R.Govindasamy,

Parties & counsel

AI extract

petitioner
K.Mathaiyan
respondent
The Sub-Divisional Magistrate, Revenue Divisional Officer, Mettru Taluk, Salem District

Coram

AI extract

V.BHARATHIDASAN

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 7 Dec 2018 · December
Registered: 6 Dec 2018
Case no.: WP/32589/2018

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Cite this judgement

K.Mathaiyan, v. The District Collector, WP/32589/2018 (MAD), decided on 7 December 2018.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

V.BHARATHIDASAN

Parties & counsel

Dismissed

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

Spl. G.P., for R1 to R5.

: Mr.N.L.Raja, Senior counsel,

for Mr.M.R.Jothimanian,for R6 & R8

: Mr.K.Balu, for R7

O R D E R

This writ petition has been filed challenging the order passed by the second respondent directing the petitioner to hand over the idol of Mariamman pursuant to the order passed by the Division Bench of this Court in Writ Appeal Nos.1716 and 1854 of 2018.

Earlier, in respect of the disputed temple, a Division Bench of this Court dated 11.09.2018 in W.A.Nos.1716 & 1854 of 2018 passed the following order:-

" (i) So far as Mariamman temple is concerned, we make it clear that the idols that are kept in the Throwpathy Amman Temple, are being installed in the Mariamman temple and hence, an authority needs to be appointed to take further course of action and thus, the secretary, Village Panchayat, is hereby appointed, to whom, the key of the temple be handed over to keep the custody of the idols in safe, so that it can be handed over to the persons, for performing poojas. It is made clear that the said Secretary shall take care of the safety of the idols to be installed or already installed in Mariamman temple. It is also made clear that, as prevailed earlier and as customary practice, Poojaris should not get any offerings and they should not prevent others from performing poojas in Mariamman temple and poojaries are allowed to perform pooja on their own volition."

Now, pursuant to the above order, the present impugned order has been passed directing the petitioner to hand over the Mariamman Idol .

https://hcservices.ecourts.gov.in/hcservices/

The learned counsel for the petitioner would submit that to review the said order passed by the Division Bench of this Court, a Review Applications in 298 & 299 of 2018 have been filed. Till the order is passed in the Review Applications, the authorities should not direct the petitioner to hand over the Mariamman Temple.

The learned counsels appearing for the respondents objected the same stating that as per the order passed by the Division Bench of this Court, Mariamman idol should be handed over to the Panchayath Secretary for custody untill the order is set aside or reviewed, the petitioner should obey the order and hand over the idol to the parties.

I have considered the rival submissions and perused the materials available on record.

The Division Bench of this Court already directed the petitioner to hand over the Mariamman idol to the village Panchayat Secretary. Unless the order is reviewed or set aside, the petitioner cannot refuse to hand over the idol as per the order passed by the Division Bench, and I find no illegality or irregularity in the order.

Accordingly, this writ petition is dismissed. The petitioner is directed to hand over the Mariamman idol alone to the second respondent ,Revenue Divisional Officer, enabling him to hand over the same to the Panchayat Secretary for safe custody. However, as per the finding of the Division Bench of this Court, Throwpathy Amman temple belongs to the petitioner, and it is always open to him to conduct poojas in the Throwpathy Amman Temple. It is also made clear that subject to the result of the review application, it is always open to the petitioner to claim any right over the Mariammal idol. No costs. Consequently, connected miscellaneous petitions are closed.

mrp

To

The District Collector, Salem District, Salem.

https://hcservices.ecourts.gov.in/hcservices/

The Sub-Divisional Magistrate,
Revenue Divisional Officer,
Mettur Taluk, Salem District.
3. The Deputy Superintendent of Police,
Mettur, Salem District.
4. The Inspector of Police,
Kolathur Police Station,
Salem District.
5. The Secretary,
Kaveripuram Panchayat,
Kaveripuram village,
Mettur Taluk, Salem District.
+1 cc to Mr.K.S.Karthik Raja, Advocate Sr.No.84299
+1 cc to Mr.M.R.Jothimanian, Advocate Sr.No.84671
+1 cc to The Government Pleader, Sr.No.85131
W.P.No. 32589 of 2018
MR(CO)
CSL/15.02.2019

https://hcservices.ecourts.gov.in/hcservices/

CNR

HCMA013975762018

Topic

Public Procurement and Tenders

Bench

V. Bharathidasan

Disposal

DISPOSED OF

R.Srinivasan, Vs The District Collector

7 Dec 2018

S.Palaniammal Vs The Inspector General of Registration

7 Dec 2018