Sri Thirumalaivasan Sidder v. The Superitnendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.10005 of 2025 Sri Thirumalaivasan Sidder Beedam Trust, Sri Thirumalai Vasanpuram Dhasampatty Post, Pennagaram Taluk, Dharmapuri District 636 801.

Represented by its Managing Trustee, N.Sivalingam.

... Petitioner Vs.

1.The Superintendent of Police, 2.The Deputy Superintendent of Police, Pennagaram, 3.The Inspector of Police, Pennagaram Police Station, Dharmapuri District. ..Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus calling for the entire records relating to the impugned order in the way of Naa.Kaa.No.308/SDO/E/2024 dated 05.12.2024 passed by the second

respondent and quash the same as illegal, arbitrary, in-operative in law and further directing the second respondent to permit the Radha Oruvalam of Aadi Athivarathar Sri Vengathajalapathy statute throughout the Dharmapuri District.

For Petitioner : Mr.M.Ravi For Respondents : Mr.A.Gopinath, Government Advocate (crl.side)

O R D E R

This Writ Petition has been filed challenging the order of the second respondent dated 05.12.2024, whereby the request made by the petitioner to conduct the Radha Oruvalam of Aadi Athivarathar Sri Vengathajalapathy statue throughout the Dharmapuri District was rejected. The petitioner also seeks a consequential direction to the second respondent to permit such procession across the Dharmapuri District.

2. Heard both sides and perused the materials placed before this Court.

3. The petitioner is the Managing Trustee of Sri Thirumalaivasan Sidder Beedam Trust. The Trust is in the process of constructing the Aadi Athivarathar Sri Vengathajalapathy Temple over 5.07 acres of land in Vatuvanahalli Village, Dharmapuri District. It is submitted that an 11foot Moolavar statue of Aadi Athivarathar Sri Vengathajalapathy has been placed in the said temple premises. On that basis, the petitioner seeks permission to conduct a Radha Oruvalam of the said deity throughout the Dharmapuri District.

4. On perusal of the impugned rejection order dated 05.12.2024, it is apparent that the construction of the temple has not yet been completed. In fact, the permission earlier sought for constructing the temple itself had already been rejected by the competent authority. Further, it is observed that the petitioner had initially sought permission to conduct the Radha Oruvalam throughout the entire State of Tamil Nadu, but has now restricted the prayer in this writ petition to the

5. In view of the above, this Court is of the view that without the existence of a duly permitted and completed temple, the request to conduct a district-wide religious procession involving a large statue of the deity cannot be sustained. In the absence of a completed place of worship and in view of the earlier rejection of construction permission, this Court finds no infirmity or illegality in the impugned order of the second respondent dated 05.12.2024.

6. Accordingly, this Writ Petition stands dismissed. No costs. 20.03.2025 : Yes/No Speaking/non-speaking order shk To 1.The Superintendent of Police,

2.The Deputy Superintendent of Police, Pennagaram, 3.The Inspector of Police, Pennagaram Police Station,

4. The Public Prosecutor, High Court, Madras. G.K.ILANTHIRAIYAN, J.

shk

W.P.No.10005 of 2025 20.03.2025