N.Rajendran v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.01.2025 CORAM :

THE HONOURABLE MR.JUSTICE M. NIRMAL KUMAR W.P.(MD)No.2765 of 2025 N.Rajendran

...Petitioner

Vs.

1. The Superintendent of Police Madurai District, Madurai.

2.The Deputy Superintendent of Police, Thirumangalam, Madurai District.

3.The Inspector of Police, Thirumangaalam Town Police Station, Thirumangalam, Madurai District.

4.Umaraj ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 3 to provide necessary police protection to celebrate the upcoming Maha Sivarathiri festival in Karuppusamy Temple situated at S.Puliyankulam Village, Thirumangalam Taluk, Madurai District by allowing the villagers to worship god by performing 70 years customary practice of old wooden box in order to prevent any law and order issue 1/6

among the villagers on the basis of considering the petitioner's representation dated 22.01.2025.

For Petitioner : Mr.T.Sathiya Nathan For R1 to R3 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

ORDER

The Writ Petition has been filed to direct the respondents 1 to 3 to provide necessary police protection to celebrate the upcoming Maha Sivarathiri festival in Karuppusamy Temple situated at S.Puliyankulam Village, Thirumangalam Taluk, Madurai District by allowing the villagers to worship god by performing 70 years customary practice of old wooden box in order to prevent any law and order issue among the villagers on the basis of considering the petitioner's representation dated 22.01.2025.

2. Heard the learned counsel appearing for the writ petitioner and the learned Additional Public Prosecutor appearing for the respondent. Considering the nature of the order proposed to be passed in this writ petition, notice to the fourth respondent is dispensed with. 2/6

3.By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

4.The contention of the petitioner is that the subject temple is 70 years old. There is a customary practice of bringing a wooden box, in which the jewels and dress of the god were kept, from the house of Lord Karuppasamy and to celebrate the festival. The fourth respondent, who is none other than the paternal uncle of the petitioner, suddenly objected for this practice. Hence, the petitioner submitted a representation before the respondent police seeking protection for doing the 70 years customary practice. Since the same was not considered, the petitioner has filed this petition.

5.The learned counsel for the petitioner submits that the fourth respondent is trying to establish a new practice, which is affecting the sentiments of the villagers. Hence, the petitioner earlier lodged a complaint in C.S.R.No.14 of 2023 and it is pending. 3/6

6.The learned Additional Public Prosecutor appearing for the respondent police submits that in this case on the complaint of the petitioner, both the parties were called upon for enquiry. But they have not agreed for the terms suggested by the respondent police. Further, the matter is referred to the Revenue Divisional Officer to resolve the issue by conducting a peace committee meeting and the now the matter is pending before the Revenue Divisional Officer. 7.In view of the above submissions, this Court is of the view that since the issue is presently pending with the Revenue Divisional Officer, it is for him to take a call on the same. The petitioner and the fourth respondent are directed to appear before the Revenue Divisional Officer and resolve the dispute between them.

8.With the above direction, the Writ Petition stands disposed of. No costs.

31.01.2025 NCC :Yes/No Index :Yes/No Internet : Yes/ No ta 4/6

To

1. The Superintendent of Police Madurai District, Madurai.

2.The Deputy Superintendent of Police, Thirumangalam, Madurai District.

3.The Inspector of Police, Thirumangaalam Town Police Station, Thirumangalam, Madurai District.

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

5/6

M. NIRMAL KUMAR, J ta W.P.(MD)No.2765 of 2025 31.01.2025 6/6