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Madras High CourtWP(MD)/609/2023disposed of

Muthuramalingam. V v. The District Collector

2023-01-25Honourable Mr Justice K.Murali Shankar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.01.2023

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR W.P(MD).No.609 of 2023 Muthuramalingam. V, : Petitioner Vs

1. The District Collector,

2. The Superintendent of Police,

3. The Commissioner, Hindu Religious and Charitable Endowments Board, Nungambakkam, Chennai

4. The Revenue Divisional Officer,

5. The Tashildar,

6. The Assistant Commissioner, Hindu Religious and Charitable Endowments Board, North 3rd Street, 1/6

7. The Inspector of Police, Avudaiyarkovil Police Station,

8. K.Manoharan,

9. Thirumaran, : Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent and seventh respondent to provide adequate police protection to conduct Kumbabisagam festival in Arulmigu Muthumariamman Temple situated at Keelacheri, Kodugavayal village, Aranthangi Taluk, Pudukkottai District as per the order passed by the third respondent in Mu.Mu.No. 69791/2022/Z2 dated 13.12.2022 and on the basis of the petitioner's representation dated 26.12.2022 and 28.12.2022. For Petitioner : Mr.G.Mathavan For R1, R3 to 6 : Mr.J.K.Jeyaselan Government Advocate For R2 & R7 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor For R8 & R9 : Mr.T.Lajapathi Roy 2/6

ORDER

This writ petition has been filed in the nature of Mandamus, seeking a direction to the second respondent and seventh respondent to provide adequate police protection to conduct Kumbabisagam festival in Arulmigu Muthumariamman Temple situated at Keelacheri, Kodugavayal village, Aranthangi Taluk, Pudukkottai District as per the order passed by the third respondent in Mu.Mu.No.69791/2022/Z2 dated 13.12.2022 and on the basis of the petitioner's representation dated 26.12.2022 and 28.12.2022. 2.The learned Counsel appearing for the private respondents would submit that the respondents 8 and 9 are not having any objection to conduct the Kumbabisegam Festival in the said temple; that the petitioner should not given any special honour to anybody and that there should not be any discrimination.

3.The learned Counsel appearing for the petitioner would submit that the petitioner is ready to file an undertaking affidavit before the seventh 3/6

respondent.

4.Recording the submissions made on either side, the petitioner is directed to file an undertaking affidavit before the seventh respondent and on such filing, the seventh respondent is directed to consider the petitioner's representation and pass orders by imposing necessary conditions. 5.With the above directions, this writ petition is disposed of. No costs. 25.01.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No lr Note:Issue Order copy on or before 31.01.2023 To

1. The District Collector,

2. The Superintendent of Police, 4/6

3. The Commissioner, Hindu Religious and Charitable Endowments Board, Nungambakkam, Chennai

4. The Revenue Divisional Officer,

5. The Tashildar,

6. The Assistant Commissioner, Hindu Religious and Charitable Endowments Board, North 3rd Street,

7. The Inspector of Police, Avudaiyarkovil Police Station, 8.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.

5/6

K.MURALI SHANKAR ,J.

lr W.P(MD).No.609 of 2023 25.01.2023 6/6