R.Chinnaiah Ambalam, v. The Superintendent Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.03.2018
CORAM
THE HON'BLE MR.JUSTICE P.RAJAMANICKAM W.P.(MD) No.4989 of 2018 (Criminal) R.Chinnaiah Ambalam ... Petitioner -Vs1.The Superintendent of Police, 2.The Deputy Superintendent of Police, Karaikudi Taluk, Sivagangai District.
3.The Inspector of Police, Sakkottai Police Station, 4.K.Lakshmanan [Fourth respondent is impleaded vide order, dated 19.03.2018, made in W.M.P(MD)No.5202 of 2018] ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents herein to grant necessary permission to conduct Sri Mariamman Kovil Thiruzha at Kandanoor Village, Karaikudi Taluk, Sivagangai, by all the four sects of Nattar community from 23.03.2018 to 28.03.2018 and also to provide adequate police protection on the basis of petitioner's representation, dated 03.03.2018. For Petitioner : Mr.M.Ajmalkhan, Senior counsel for M.Shakul Hammed For R1 to R3 : Mr.N.Shanmuga Selvam, Additional Government Pleader.
For R4 : Mr.K.Balasundaram
O R D E R
This writ petition has been filed by the petitioner praying to direct the respondents 1 to 3, to grant necessary permission to conduct Sri Mariamman Kovil Thiruzha at Kandanoor Village, Karaikudi Taluk, Sivagangai, by all the four sects of Nattar community, from 23.03.2018 to 28.03.2018 and also to provide adequate police protection, on the basis of petitioner's representation, dated 03.03.2018.
2.The learned counsel appearing for the petitioner has submitted that in Kandanoor village, there are four sects of Nattar Community people, namely, Andikarai, Kesavankarai, Thandankaran and Ariyankarai and they have formed one trust, namely, Kandanoor Nattar Trust, which is a customary and unregistered trust, existing for the past so many years. He further submitted that the petitioner is representing the group of Andikarai whereas, the fourth respondent is representing Thandakaran. He further submitted that the people belonging to village including all the aforesaid group, decided to celebrate festival for the aforesaid temple from 23.03.2018 to 28.03.2018, but the fourth respondent group has opposed the same and hence, the petitioner herein has submitted a representation before the respondents 1 to 3 on 03.03.2018, seeking permission to conduct the festival and also to provide adequate police protection, but so far, no order has been passed.
3.The learned Additional Government Pleader appearing for the respondents 1 to 3 has submitted that after receipt of the representation from the petitioner, the third respondent herein has issued CSR No.89 of 2018, on 13.03.2018 and thereafter, the representatives of all the four groups have been called for enquiry and they also submitted their submissions and the said representation is pending for disposal.
4.The learned counsel appearing for the fourth respondent has submitted that for every two years, two persons are elected among four groups. On 26.02.2017 the fourth respondent herein and one Kannan were elected to conduct the festival to the aforesaid temple, but ignoring the aforesaid decision, the petitioner's group is trying to conduct the festival and hence, strongly opposes this petition.
5.Considering the aforesaid submissions, the second respondent is directed to consider the petitioner's representation, dated 03.03.2018, after giving adequate opportunity to the representatives of all the four groups and pass orders, on merits and in accordance with law, on or before 21.03.2018.
6.With the aforesaid direction, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police,
2.The Deputy Superintendent of Police, Karaikudi Taluk, Sivagangai District.
3.The Inspector of Police, Sakkottai Police Station, +1CC TO M/S.K.BAALASUNDHARAM, ADVOCATE, SR NO.56210 +2CC TO M/S.M.SHAKUL HAMMED, ADVOCATE, SR NO.56214 W.P.(MD) No.4989 of 2018 (Criminal) 19.03.2018 cp MS/RSK/SAR-2/20.03.2018/3P.7C