M.Veerapathiran v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR M.Veerapathiran ... Petitioner Vs
1. The District Collector, District Collector Office, Sivagangai District.
2. The Superintendent of Police, Sivagangai District, Sivagangai.
3. The Inspector of Police, Thiruvegampet Police Station, Devakottai Taluk, Sivagangai District.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 3rd respondent to grant permission for the 22nd Annual Saiva Annadhanam function scheduled to be held on 15.01.2025 at Sri Velayutha Moorthi Ayyanar Temple, Sukkirapatti, Velyuthaviayal village, Devakottai Post, Sivagangai District and provide adequate police protection to the said Saiva Annadhanam function by considering the representation dated 30.12.2024. For Petitioner : Mr.N.Pragalathan For Respondents :Mr.A.Thiruvadikumar (R1-R3) Additional Public Prosecutor 1/5
ORDER
This Writ Petition has been filed seeking a Writ of Mandamus, directing the 3rd respondent to grant permission for the 22nd Annual Saiva Annadhanam function scheduled to be held on 15.01.2025 at Sri Velayutha Moorthi Ayyanar Temple, Sukkirapatti, Velyuthaviayal village, Devakottai Post, Sivagangai District and provide adequate police protection to the said Saiva Annadhanam function by considering the representation, dated 30.12.2024.
2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself.
3.The contention of the petitioner is that in order to conduct Annual Saiva Annadhanam function on 15.01.2025 at Sri Velayutha Moorthi Ayyanar Temple, Sukkirapatti, Velyuthaviayal village, Devakottai Post, Sivagangai District, the petitioner has sent a representation to the respondents. However, no permission has been 2/5
granted so far. Hence, this petition has been filed. 4.The learned Additional Public Prosecutor submitted that the representation of the petitioner was rejected by the Deputy Superintendent of Police on 07.01.2025 on the ground that on the earlier occasion, on 03.07.2024, there was a scuffle between the parties, resulting which, cases in Cr.No.75 of 2024 under Sections 296(b), 115(2), 351(3) BNS r/w 3(1)(r), 3(1)(s) of SC/ST Act and Cr.No.76 of 2024 under sections 296(b), 288(2), 324 BNS Act were filed against the parties and investigation are pending in these cases. Again on 15.09.2024, there was scuffle between the parties. In this regard, case in Cr.No.88 of 2024 under Section 296(b), 126(2), 324(4), 351(3), 109(1), 49 BNS @ 296(b), 324(4), 351(3), 109(1), 49, 61(2) of BNS was registered against the parties and now, enquiry is pending. As of now, the situation is volatile and if any gathering / festival is held, there is every chance of scuffling between the parties. Hence, prays to dismiss the petition.
5.Considering both sides submission and the rejection order 3/5
passed by the Deputy Superintendent of Police, it is seen that the situation is still volatile and conduct of any gathering / festival will create law and order issue. Hence, this Court finds that there is no reason to interfere with the rejection order, dated 07.01.2025. 6.Accordingly, this writ petition stands dismissed. 09.01.2025 NCC : Yes/No Index: Yes/No PNM To
1. The District Collector, District Collector Office, Sivagangai District.
2. The Superintendent of Police, Sivagangai District, Sivagangai.
3. The Inspector of Police, Thiruvegampet Police Station, Devakottai Taluk, Sivagangai District.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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M.NIRMAL KUMAR, J.
PNM ORDER IN 09.01.2025 5/5