Subbaiyan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.04.2024 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P. No.11680 of 2024 Subbaiyan ... Petitioner Vs.
1.
The District Collector, O/o. the District Collector, Coimbatore -District.
The Tahsildar, O/o. the Tahsildar, Mettupalayam - Post & Taluk, Coimbatore -District.
The Superintendent of Police, O/o. the Superintendent of Police, Coimbatore - Post & District.
The Deputy Superintendent of Police, O/o. The Deputy Superintendent of Police, Mettupalayam - Post & Taluk, Coimbatore -District.
5.
The Inspector of Police, Sirumugai Police Station, Sirumugai - Post, Coimbatore - District.
6.
Subburaj Page No.1 of 5
7.
Rameshkumar 8.
Vijayaprakash 9.
Yogesh ... Respondents Prayer:Writ Petition is filed under Article 226 of Constitution of India, for issuance of writ of Mandamus, directing the first and second respondent to permit the petitioner and his family member to participate in the Sri Maha Shakthi Mariyamman and Sri Mahakaliamman Thirukovil Poochandu Festival with the aid of the police based on the representation dated 12.04.2024.
For Petitioner : Mr.D.Veerasekaran For R1 & R2 : Mr.U.Baranidharan Additional Government Pleader For R3 to R5 : Mr.S.Vinoth Kumar Government Advocate (Crl.Side)
O R D E R
The writ of mandamus has been instituted to direct the respondents 1 and 2 to permit the petitioner and his family member to participate in the Sri Maha Shakthi Mariyamman and Sri Mahakaliamman Thirukovil Poochandu Festival with the aid of the police based on the representation dated 12.04.2024.
Such private protection to participate in the temple festival Page No.2 of 5
cannot be considered by this Court in a writ proceedings. Admittedly, the temple is a private temple administered by few private parties. Therefore, the petitioner is at liberty to negotiate with the organizers to participate in the temple festival. Contrarily, police force cannot be provided for an individual or his/her family members to participate in the temple festival. The petitioner may choose another date and time for his worship in the temple. However, the Police protection to private persons if granted, the same would result in a wrong precedent and many such private individuals will be demanding for such police protection and the State may not be in a position to provide such facilities to the private individuals. State has to deploy the Police force in a public interest. No doubt, during temple festivals Police protections are provided. However, it is to be provided on need basis and by ascertaining the situation.
In the present case, the petitioner seeks private protection to participate in the temple festival, which cannot be granted by this Court. Consequently, the Writ Petition stands dismissed at the admission stage itself. No costs.
Page No.3 of 5
25.04.2024 Index :
Yes/No Speaking Order :
Yes/No :
Yes/No veda To 1.
The District Collector, O/o. the District Collector, Coimbatore -District.
The Tahsildar, O/o. the Tahsildar, Mettupalayam - Post & Taluk, Coimbatore -District.
The Superintendent of Police, O/o. the Superintendent of Police, Coimbatore - Post & District.
The Deputy Superintendent of Police, O/o. The Deputy Superintendent of Police, Mettupalayam - Post & Taluk, Coimbatore -District.
5.
The Inspector of Police, Sirumugai Police Station, Sirumugai - Post, Coimbatore - District.
S.M.SUBRAMANIAM,J.
veda Page No.4 of 5
W.P. No.11680 of 2024 25.04.2024 Page No.5 of 5