Chinnapommanayakar v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.01.2024
CORAM:
THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP W.P.(MD) No.863 of 2024 Chinnapommanayakar ... Petitioner /vs./ 1.The District Collector, District Collector Campus, Karur District, Karur.
2.The Superintendent of Police, Superintendent Office, Collector Campus, Karur.
3.The Deputy Superintendent of Police, Deputy Superintendent Office, Karur.
4.The Inspector of Police, Thogaimalai Police Station, Thogaimalai, Karur.
... Respondents 1/5
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing to provide adequate police protection for Sri Pommaisamy Malayakovil festival along with Madumarikum Thiruvila scheduled on 18.01.2024 based on the representation dated 06.01.2024. For Petitioner : Mr.V.Muthusamundeeswaran For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor
ORDER
This Writ Petition is filed to direct the Respondents to provide adequate Police protection regarding Madumarikum Thiruvila in Sri Pommaisamy Malayakovil to be held on 18.01.2024.
2.The learned Counsel for the Petitioner submits that the Petitioner had already given a representation dated 06.01.2024. Till date, the Respondents had not acted on the representation of the Petitioner. Therefore, he was forced to file this Writ Petition. It is his further submission that the subject matter of the dispute was resolved through a decree of the competent Civil Court in O.S.No.7 of 1997 on the file of the learned District Munsif, Kuzhithalai, which was upheld in A.S.No.25 of 2001 by the Sub Court, Kuzhithalai. 2/5
3.The learned Counsel for the Petitioner further submitted that every year, the villagers have been conducting the festival subsequent to the decree granted by the Civil Court. Only this year, the permission was not granted. 4.The learned Additional Public Prosecutor, on instructions, submits that there are rival claims.
5.Considering the submission made by the learned Counsel for the Petitioner that the competent Civil Court had already granted a decree in favour of the Petitioner, the Respondents and the Tahsildar, Kuzhithalai, shall act in the light of the decree passed in O.S.No.7 of 1997 by the learned District Munsif, Kuzhithalai and pass appropriate orders considering the fact that the festival is to be celebrated on 18.01.2024.
With the above directions, this Writ Petition is disposed of. No costs. 12.01.2024 Index : Yes / No Internet : Yes / No mm 3/5
Note : Issue order copy on 12.01.2024 TO:
1.The District Collector, District Collector Campus, Karur District, Karur.
2.The Superintendent of Police, Superintendent Office, Collector Campus, Karur.
3.The Deputy Superintendent of Police, Deputy Superintendent Office, Karur.
4.The Inspector of Police, Thogaimalai Police Station, Thogaimalai, Karur.
5.The Tahsildar, Kuzhithalai.
4/5
SATHI KUMAR SUKUMARA KURUP , J.
mm Order made in W.P.(MD)No.863 of 2024 Dated:
12.01.2024 5/5