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Madras High CourtWP(MD)/2725/2025disposed of

Erulappan v. The Superintendent Of Police

2025-02-21Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.02.2025

CORAM

THE HON'BLE MR.JUSTICE P.DHANABAL Erulappan ... Petitioner Vs.

1. The Superintendent of Police Virudhunagar District Virudhunagar

2. The Inspector of Police Krishnankovil Police Station Virudhunagar District

3. Mahalingam (R3 impleaded vide order of this Court dated 21.02.2025 in WMP(MD) No.2562 of 2025) ..Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, seeking a Writ of Mandamus, to direct the respondents to grant permission and protection to conduct the Maasi Ammavasai Festival and to provide Annadhanam to be held on 27.02.2025 and 28.02.2025 at Arulmigu Pon Irulappa Swamy and Periakaruppa Samy Thirukovil, K. Pudur, Watrap Taluk, Virudhunagar District.

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For Petitioner : Mr.R.Balamuruganantham For Respondents : Mr. M.Sakthikumar No.1 and 2 Government Advocate(Crl.Side) No.3 : Mr.M.Gnanagurunathan

ORDER

The prayer sought for in the present writ petition is to direct the respondents to grant permission and police protection to conduct the Maasi Ammavasai Festival and to provide Annadhanam to be held on 27.02.2025 and 28.02.2025 at Arulmigu Pon Irulappa Swamy and Periakaruppa Samy Thirukovil, K. Pudur, Watrap Taluk, Virudhunagar District.

2. The learned counsel appearing for the petitioner would submit that Arulmigu Pon Irulappa Swamy and Periakaruppa Samy Thirukovil is situated in K. Pudur, Watrap Taluk, Virudhunagar District and every year the villagers used to celebrate the Maasi Ammavasai Festival and provide Annadhanam. This year also the villagers decided to conduct the festival and provide Annadhanam on 27.02.2025 and 28.02.2025 for which they have approached the second respondent to grant permission 2/6

and police protection to conduct the festival,they have not considered the representation, hence the present petition has been filed.

3. The learned counsel appearing for the third respondent would submit that there are nine villagers worshipping the temple but the petitioner is his representation has stated that only seven villagers. However if the petitioner permits all the villagers then they have no objection to conduct the festival. All the villagers are having right to worship the temple. Apart from that there are three deities available in the village but the petitioner has stated only two deities therefore he also wants to conduct the festival in a peaceful manner without creating any law and order issue

4. The learned Government Advocate(Crl.Side) appearing for the respondents 1 and 2 would submit that the petitioner filed this petition seeking police protection but the some of the villagers have also sent letters to the police stating that this petitioner excluding some of the villagers intended to conduct the festival and if the petitioner undertakes to conduct festival with all the villagers they have no objection to 3/6

consider the request of the petitioner.

5. At this juncture the learned counsel appearing for the petitioner also undertakes that all the villagers can join in the festival and also can worship the three deities situated in the above said temple. Further there is no quarrel in that aspect.

6. The third respondent also want to conduct the festival in a peaceful manner

7. Recording the above said submission of the learned counsel appearing for the petitioner and the learned counsel appearing for the third respondent the writ petition stands disposed of with a direction to the respondents 1 and 2 to give police protection to the festival and Annadhanam to be held on 27.02.2025 and 28.02.2025 at Arulmigu Pon Irulappa Swamy and Periakaruppa Samy Thirukovil, K. Pudur, Watrap Taluk, Virudhunagar District. The petitioner and the third respondent also ensure that there will not be any law and order issue. This Court does not decide the rights of the parties in respect of the temple and only 4/6

considered the smooth conduct of the festival.

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

21.02.2025 NCC : Yes / No Index : Yes / No aav Note: Issue order copy on 24.02.2025 To

1. The Superintendent of Police Virudhunagar District Virudhunagar

2. The Inspector of Police Krishnankovil Police Station Virudhunagar District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6

P.DHANABAL, J.

aav 21.02.2025 6/6