Arulmigu Sri Mariamman v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.08.2017

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH W.P.No. 22498 of 2017 and WMP.No. 23605 of 2017 Arulmigu Sri Mariamman Koil Sri Srinivasa Perumal Koil and Dharmaraja Koil Committee, rep. By its Dharmakartha G.Shanmugam .. Petitioner -Vs1. The District Collector, Thiruvallur, Thiruvallur District.

2. The Commissioner of Police, Chennai.

3. The Deputy Commissioner Anna Nagar, Chennai.

4. The Inspector of Police, T4 Police Station, Maduravoyal, Chennai.

5. Hindu Munnani, Chettiyar Agaram Branch, rep. by M.Dayalan .. Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying to issue a writ of Mandamus directing the respondents 1 to 4 to consider the representation dated 18.08.2017 and grant police protection to the petitioner temple situated at Chettiyar Aagaram Village, Chennai 600 077 during Vinayakar Chaturdi function on 25.08.2017 and the following week and prevent the 5th respondent from interfering in the management and administration of the petitioner temple during the period and grant such other relief.

For Petitioner : Mr.G.Rajan For Respondents : Mr.C.Manishankhar, AAG Nos.1 to 4 Assisted by Mr.D.Vairamoorthy, Special Government Pleader For Respondent-5 : No Appearance

ORDER

Heard Mr.G.Rajan, learned counsel for the petitioner as well as Mr.C.Manishankhar, learned Additional Advocate General appearing on behalf of the respondents 1 to 4.

2. The petitioner is a private temple. The grievance of the petitioner is that the fifth respondent is attempting to install the Vinayagar Idol on the eve of Vinayagar Chathurthi festival, which falls on 25.08.2017.

3. According to the learned counsel for the petitioner, the fifth respondent has no right whatsoever to have their idol to be installed in the petitioner's private property. In this regard, the petitioner has also given a representation dated 18.08.2017 to the respondents 1 to 4, seeking for intervention.

4. In view of the limited prayer sought for in the present petition and without going into the merits of the claim made by the petitioner in his representation dated 18.08.2017, there shall be a direction to the fourth respondent/Inspector of Police, T4 Police Station, Maduravoyal, Chennai, to consider the petitioner's representation dated 18.08.2017 on its own merits and pass appropriate orders on or before 24.08.2017. Such an exercise shall be made after giving due opportunity to the fifth respondent also.

5. With the above observations, the Writ Petition stands disposed of. Consequently, the connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar DP/AK

To

1. The District Collector, Thiruvallur, Thiruvallur District.

2. The Commissioner of Police, Chennai.

3. The Deputy Commissioner Anna Nagar, Chennai.

4. The Inspector of Police, T4 Police Station, Maduravoyal, Chennai.

+1cc to Mr.G.Rajan, Advocate, S.R.No.60838 W.P.No.22498 of 2017 and WMP.No.23605 of 2017 AR(CS V) CS/24/08/17