Erumapatti Sri Maha v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.04.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH WP.No.9356 of 2018 Erumapatti Sri Maha Mariamman Trust Rep. by Mr.P.Shanmugam The Treasurer, Palani Nagar, Duraiyur Main Road, Erumaipatti, Namakkal.

... Petitioner Vs 1.The District Collector The Office of the District Collector Namakkal, Namakkal District.

2.The Revenue Divisional Officer Namakkal Division, Namakkal District.

3.The Superintendent of Police The Office of the Superintendent of Police Namakkal, Namakkal District.

4.The Inspector of Police Erumapatti Police Station Namakkal District.

5.The Tahsildar Taluk Office, Chenthamangalam Taluk Namakkal District.

... Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the 1st respondent to dispose the representation dated 10.04.2018 and accord permission to the petitioner to conduct the festival and the 4th respondent dated 06.03.2018 to give protection to the festival commencing from 14.05.2018 to 30.05.2018 at Sri Maha Mariamman Temple, Erumapatti. For Petitioner : Mrs.G.Ranjani For Respondents : Mr.D.Raja Government Advocate

O R D E R

This writ petition has been filed seeking a direction to the respondents to dispose the representations dated 10.04.2018 and 06.03.2018, permitting the petitioner to conduct the festival and to give protection to the festival commencing from 14.05.2018 to 30.05.2018 at Sri Maha Mariamman Temple, Erumapatti.

2. When the matter is taken up for hearing, Mr.D.Raja, learned Government Advocate submitted that a proceeding under Section 107 Cr.P.C has been initiated in Crime No.85 of 2018 on 30.03.2018 against A Party and B Party and the matter is pending before the Revenue Divisional Officer, Namakkal, as the police felt that there is likely to be a breach of peace between the two communities during the festival.

3. In such view of the matter, no police protection can be granted to one particular community to conduct festival, especially, when the matter is seized of by the Revenue Divisional Officer.

Hence, this petition is closed with liberty to the petitioner to work out the remedy before the Revenue Divisional Officer, Namakkal District.

Sd/- Deputy Registrar //True copy// Sub Assistant Registrar mk To 1.The District Collector The Office of the District Collector Namakkal, Namakkal District.

2.The Revenue Divisional Officer Namakkal Division, Namakkal District.

3.The Superintendent of Police The Office of the Superintendent of Police Namakkal, Namakkal District.

4.The Inspector of Police Erumapatti Police Station Namakkal District.

5.The Tahsildar Taluk Office, Chenthamangalam Taluk Namakkal District.

+1cc to Mr.V.Rajesh, Advocate SR.No.29504 +1cc to Government Pleader SR.No.29988 WP.No.9356 of 2018 GN(27/04/2018)