R AYYAM PERUMAL NADAR Vs. CHURCH OF SOUTH INDIA THOOTHUKUDI-NAZARETH DIOCESE VEMBAR, THOOTHUKUDI DISTRICT

JUDGEMENT

(1.) The appellant herein is the third party in the writ petition. The first respondent herein as the writ petitioner sought for mandamus directing the Revenue Divisional Officer, Kovilpatti, Thoothukudi District, to permit him to put up lights and musical addressing system on both sides on the 500 Metres Pathway, including the 30 Metres Common Pathway, in Survey No.328/14, Vembar Village, Vilathikulam Taluk, Thoothukudi District, during Christmas Season.

(2.) The Writ Court disposed the writ petition by directing the respondents 2 and 3 herein to permit the writ petitioner to put up lighting arrangement in the common passage only for a period from 24.12012 to the midnight of 01.01.2013. It was further directed that the respondents 2 and 3 shall regulate the decibel level upto which the music system can be permitted.

(3.) The present writ appeal is filed by the appellant by contending that the subject matter pathway is not a common pathway as claimed by the first respondent / writ petitioner and already Civil Court has decreed such exclusive right over the said pathway in favour of the appellant herein and therefore, the first respondent / writ petitioner obtained the order from the Writ Court by suppressing those facts.