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2025 DAILYLAW 134364 (MAD)

Kirubanandam v. The Block Development Officer

WP(MD)/11826/2025 · 2025-04-24

V Lakshminarayanan

Transfer Petitionbody2025

Judgment text

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W.P(MD)No.11826 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.04.2025 CORAM THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN W.P(MD)No.11826 of 2025 and W.M.P(MD)No.8726 of 2025 Kirubanandam ... Petitioner Vs. 1.The Block Development Officer, Office of the Block Development Officer, Manamadurai Taluk, Sivagangai District. 2.The Tahsildar, Tahsildar Office, Manamadurai Taluk, Sivagangai District. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to facilitate the peaceful customary triennial celebration of festivals in our family deity's Temple, viz., Sri Villayuthamudaivar Sri Uyyavandamman Temple situated in Survey No.1, Elunuthimangalam Village spread over 3 days. 1/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.11826 of 2025 For Petitioner : Mr.N.Dilipkumar For Respondents : Mr.A.Kannan for Mr.G.Suriyananth Additional Government Pleader ORDER I heard Mr.N.Dilipkumar for the petitioner and Mr.A.Kannan representing Mr.G.Suriyananth for the respondents. 2. The petitioner is the hereditary poosari of Sri Villayuthamudaivar Sri Uyyavandamman Temple. This Temple is situated in Elunuthimangalam Village, Manamadurai Taluk, Sivagangai District. The petitioner and other believers in the deity have been celebrating the festival for decades. The property in S.No.1 is classified as a water body. The petitioner asserts that the major portion of the land is covered by rPik fUNtyk; trees and the remaining portion is barren. On a previous occasion, objections were raised regarding the conduct of festival and the parties approached this Court by way of a Mandamus. A direction was given in W.P(MD)No.359 of 2025, dated 05.02.2025. The said direction is as hereunder: 2/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.11826 of 2025 "3. We direct the Block Development Officer (Village Panchayat / Special Officer), Manamadurai to take effective steps to ensure that the Puthanendhal Kanmai is not affected by any polluting activities of the villagers. This direction shall be strictly complied with. This writ petition is allowed on the above terms." 3. Adopting the same reasoning to the present case, there shall be a direction to the respondents to take effective steps to ensure that Puthanenthal Kanmai is not affected by any polluting activities of the villagers during the celebration of the festival. 4. Mr.N.Dilipkumar, pleads that as a security, the petitioner will deposit a sum of Rs.1,00,000/- with the first respondent. In case the first respondent finds, post the celebrations, that there has been a damage, the said amount will be appropriate towards the removal of the damage caused. In case there is no damage, the first respondent shall return the amount after inspecting the property. 3/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.11826 of 2025 5. This writ petition is ordered on the above terms. There shall be no order as to costs. Consequently, connected Miscellaneous Petition stands closed. 24.04.2025 NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The Block Development Officer, Office of the Block Development Officer, Manamadurai Taluk, Sivagangai District. 2.The Tahsildar, Tahsildar Office, Manamadurai Taluk, Sivagangai District. 4/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.11826 of 2025 V.LAKSHMINARAYANAN, J. BTR W.P(MD)No.11826 of 2025 24.04.2025 5/5 https://www.mhc.tn.gov.in/judis