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Madras High CourtWP/8485/2025dismissed

D.Gnanasekar v. Deputy Superintendent Of Police

2025-03-11Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.8485 of 2025 D.Gnanasekar ... Petitioner Vs.

1.Deputy Superintendent of Police, 2.The Assistant Commissioner (HR & CE), O/o. Assistant Commissioner (HR & CE) Thiruvannamalai, 3.The Revenue Divisional Officer, 4.The Tahsilar, Cheyyar Taluk, 5.The Inspector of Police, Cheyyar Police Station, Cheyyar Taluk, 6.Gandhi

7.Siva 8.Saravanan ..Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus directing the fourth respondent to ensure strict compliance with the proceedings dated 04.03.2025. Consequently, direct the second respondent to monitor the Maasi Maham Theppal Thiruvizha at Ponniyamman Temple, situated at Kazhanipakkam Village, Cheyyar Taluk, Thiruvannamalai District, on 13.03.2025, with aid of first and fifth respondent. For Petitioner : Mr.C.Gunasekaran For R1 to R5s : Mr.A.Gopinath, Government Advocate (crl.side).

For R6 to R8 : Mr.K.Krishnan

O R D E R

This writ petition has been filed seeking a direction to the fourth respondent to ensure strict compliance with the proceedings dated 04.03.2025 and consequently, to direct the second respondent to monitor the Maasi Maham Theppal Thiruvizha at Ponniyamman Temple, situated at Kazhanipakkam Village, Cheyyar Taluk, Thiruvannamalai District,

scheduled to be held on 13.03.2025, with the assistance of the first and fifth respondents.

2. The learned counsel for the petitioner submitted that the petitioner is entitled to function as the Dharmakartha of the Ponniyamman Temple and has made a representation dated 11.02.2025 seeking police protection to conduct the Maasi Maham Theppal Thiruvizha. It is submitted that the petitioner apprehends interference from respondents 6 to 8 who are also claiming leadership over the temple administration.

3. The learned Government Advocate (crl.side), on instructions, submitted that there exists a longstanding dispute between the petitioner and respondents 6 to 8 regarding the claim of Dharmakarthaship of the Ponniyamman Temple. However, a peace committee meeting was convened under the supervision of the fourth respondent on 04.03.2025, wherein all the parties agreed to resolve the issue. As per the said resolution, one Mr. Siva, S/o Velumurugan, was unanimously accepted to function as the Dharmakartha, under whose supervision the Maasi

Maham Theppal Thiruvizha is to be conducted. It was also agreed that the related expenditure shall be submitted to the fourth respondent for scrutiny.

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

5. It is brought to the notice of this Court that the petitioner had earlier approached this Court in W.P. No. 5244 of 2024, seeking similar relief for police protection to conduct the temple festival. The said writ petition was dismissed by this Court on 21.02.2025.

6. In view of the above facts and circumstances, this Court is of the considered opinion that the festival should be conducted strictly in terms of the resolution passed in the peace committee meeting dated 04.03.2025. Since the parties had agreed to the said arrangement and it was conducted under the aegis of the fourth respondent, the petitioner's present request for police protection to conduct the festival independently cannot be entertained. Reopening the issue at this stage would defeat the

very purpose of the amicable settlement arrived at between the parties.

7. Accordingly, this writ petition stands dismissed. The Maasi Maham Theppal Thiruvizha at Ponniyamman Temple, Kazhanipakkam Village, Cheyyar Taluk, Thiruvannamalai District, shall be conducted as per the resolution dated 04.03.2025, under the supervision of the appointed Dharmakartha, Mr. Siva, S/o Velumurugan. The official respondents shall ensure that law and order is maintained and that the festival proceeds smoothly without any interference. 11.03.2025 Speaking/non-speaking order Index: Yes/No Internet: Yes/No shk G.K.ILANTHIRAIYAN, J.

shk To 1.Deputy Superintendent of Police, 2.The Assistant Commissioner (HR & CE),

O/o. Assistant Commissioner (HR & CE) Thiruvannamalai, W.P.No.8485 of 2025 3.The Revenue Divisional Officer, 4.The Tahsilar, Cheyyar Taluk, 5.The Inspector of Police, Cheyyar Police Station, Cheyyar Taluk,

6. The Public Prosecutor, High Court, Madras.

11.03.2025