Madras High CourtWP(MD)/236/2022allowed

Soundhara Raja Pandian.R v. The Superintendent Of Police

2022-01-07Honourable Mr Justice G.R.Swaminathan2 pages

W.P(MD)No.236 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.01.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.236 of 2022 R.Soundhara Raja Pandian ... Petitioner Vs.

1.The Superintendent of Police, Kanyakumari District, Nagercoil.

2.The Sub Inspector of Police, South Thamaraikulam Police Station, South Thamaraikulam, Kanaykumari District.

3.The Executive Officer Cum Fit Person, Sreeman Narayanasamy Pathi, South Thamaraikulam, South Thamaraikulam P.O, Kanaykumai District - 629 701.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the first and second respondents to provide adequate police protection to the Sreeman Narayanasamy Pathi, South Thamaraikulam, Kanyakumari District and ensure that no private function in the name of Pongal festival shall be conducted within the temple premises by taking note of the complaint of the third respondent dated 17.12.2021.

For Petitioner : Mr.S.Balamurugan For Respondents : Mr.T.Senthil Kumar, Addl. Public Prosecutor for R1 & R2 Mr.C.Guhaseelarupan for R3.

ORDER

Heard the learned counsel for the petitioner, learned Additional Public Prosecutor for the respondents 1 and 2 and the learned counsel for the third respondent.

2.The petition mentioned temple is almost 200 years old. The petitioner's family is taking care of the temple. The grievance of the petitioner is that private functions are held within the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.236 of 2022 premises of the temple. Thereby spoiling its sanctity. He pointed out that during last year, in the name of cultural programme vulgar dances were also performed inside the temple premises. He would even point out that the local police participated in the event. I do not want to go into factual controversy. It is however to sufficient to observe that within the temple premises only religious functions can be permitted to be conducted. Therefore, respondents are directed to ensure that no private function in the name of Pongal festival is conducted within the temple premises. 3.The writ petition is allowed on these terms. No costs. Sd/- Assistant Registrar (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) ias Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The Superintendent of Police, Kanyakumari District,Nagercoil.

2.The Sub Inspector of Police, South Thamaraikulam Police Station, South Thamaraikulam,Kanaykumari District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.C.GUHASEELARUPAN, Advocate ( SR-917[F] dated 10/01/2022 +1 CC to M/s.S.BALAMURUGAN, Advocate ( SR-811[F] dated 07/01/2022 ) W.P(MD)No.236 of 2022 07.01.2022 NSN(CO) KB(25.01.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2