Joseph v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.02.2025
CORAM
THE HONOURABLE MR.JUSTICE P.DHANABAL Joseph ... Petitioner Vs.
1.The State of Tamil Nadu, Represented by its The District Collector, Tirunelveli District, Tirunelveli.
2.The Superintendent of Police, Tirunelveli District, Tirunelveli.
3.The Inspector of Police, Munneerpallam Police Station, Tirunelveli District.
4.Anbazhagan 5.Murugan 6.Velayutham 7.Thiruppathi 1/6
8.Muthu Pattan 9.Rathinasamy 10.Thavasi 11.Tamilselvan 12.Durai @ Auto Durai 13.Pughazh ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the third respondent police to grant adequate police protection for life and limp for petitioner and also for his family members, to participate in Poojai at Mutharamman Kovil, Uyikattu Sudalai Kovil and Perumal Swamy Kovil situated at Aaraikulam Village, Munneerpallam, Palayamkottai Taluk, Tirunelveli District within the time stipulated by this Court and pass such further or other orders as this Court. For Petitioner : Mr.P.M.Vishnuvarthanan For R-1 : Mr.M.Senthil Ayyanar Government Advocate For R-2 & R-3 : Mr.M.Sakthi Kumar Government Advocate 2/6
ORDER
The present petition has been filed for issuance of Writ of Mandamus directing the third respondent police to grant adequate police protection to participate in Poojai at Mutharamman Kovil, Uyikattu Sudalai Kovil and Perumal Swamy Kovil situated at Aaraikulam Village, Munneerpallam, Palayamkottai Taluk, Tirunelveli District within the time stipulated by this Court.
2. According to the petitioner, he is one among the "Samiyadi" and his father, namely, Achuthan was also one among the "Samiyadi" and he followed his father's custom. In the fond memory of Dr.Joseph, who recovered the petitioner from illness in his childhood, his name was mentioned as Joseph and he is following practice of Hinduism and his entire family members are "Samiyadi" including the petitioner. While so, the respondents 4 to 13 unncessarily preventing the petitioner from participating the Village festival and to perform the "Samiyadi" only because of the name of the petitioner. 3/6
Therefore, he approached the officials several times and the same has not been considered. Hence, the present petition.
3. The learned Government Advocate appearing for the official respondents would submit that already the representation of the petitioner was posted for enquiry on 05.02.2025 but the petitioner was not cooperating for the enquiry and they tried to contact the petitioner over the phone, he did not pick up the phone. Thereafter, they went to the house of the petitioner and served the summons, inspite of that, he did not appear. Therefore, the petition was closed, even now if the petitioner has any grievance, if he appears before the respondent then they will take appropriate action in accordance with law.
4. Since the prayer of the petitioner is to give police protection for performing "Samiyadi" in the Temple and the respondent police is also ready to consider the representation of the petitioner, if he cooperates for an enquiry. Recording the submissions of the learned Government Advocate appearing for the official respondents, this Court directs the petitioner to appear before the third respondent and submit a fresh representation. On such representation, if 4/6
any received by the third respondent, they shall consider the representation and dispose the same in accordance with law on merits without delay.
5. With the above said directions, this writ petition stands disposed of. There shall be no order as to costs.
12.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The District Collector, Tirunelveli District, Tirunelveli.
2.The Superintendent of Police, Tirunelveli District, Tirunelveli.
3.The Inspector of Police, Munneerpallam Police Station, Tirunelveli District.
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P.DHANABAL, J.
BTR 12.02.2025 6/6