Dhanabalan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.02.2025 CORAM :

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

1. The Superintendent of Police, Sivagangai District, Sivagangai.

2. The Inspector of Police, Palaiyanoor Police Station, Sivagangai District.

3. Murugan ... 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 No.1 and 2 to grant permission and police protection conducting the Temple festival in Sri Karuppanna Swamy Kovil (Clan Deity) situated at Pirammanur Village, Thiruppuvanam Taluk, Sivagangai District is scheduled to be held on 26.02.2025, by removing wire fence 1/6

made by the 3rd respondent in front of the petitioners temple namely Sri Karuppanna Swamy Kovil under their supervision, on the basis of the representation of the petitioner dated 05.02.2025. For Petitioner : Mr.S. Maya Perumal, For R1 & R2 : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

This Writ Petition has been filed seeking a direction to the respondents 1 and 2 to grant permission and police protection for conducting Temple festival in Sri Karuppanna Swamy Kovil (Clan Deity) situated at Pirammanur Village, Thiruppuvanam Taluk, Sivagangai District is scheduled to be held on 26.02.2025, by removing wire fence made by the 3rd respondent in front of the petitioners temple namely Sri Karuppanna Swamy Kovil under their supervision, on the basis of the representation of the petitioner dated 05.02.2025. 2.According to the petitioner, he is the Administrator of the Temple and also one of the devotee of the Clan Deity i.e., Karuppanna Swamy Kovil situated at Pirammanur Village, Thiruppuvanam Taluk, 2/6

Sivagangai District. Near to the above said temple one another temple namely Sangili Karuppanna Swami Temple is also situated. The Admin of the Sangili Karuppanna Swami Temple, created iron fence in front of the petitioner's temple with an intention to prevent the devotees of the Karuppanna Swamy Temple. When the same was questioned by the petitioner, one Murugan abused him in obscene words and also threatened with dire consequences. Therefore, a complaint has been lodged before the second respondent, for which, an FIR in Crime No.25 of 2023 was registered and the same is under investigation. In the month of Masi, every year all the devotees used to worship the said Karuppanna Swamy Temple. While so, the petitioner sent a representation dated 05.02.

2025 to remove the fence put up by the third respondent in front of the petitioner's temple, but the same has not been considered. In the mean time, the petitioner along with the other devotees of the said temple decided to conduct festival on 26.02.2025 and thereby, to facilitate to conduct the festival the said fencing wire has to be removed. To that effect, they have also sent a representation but the same was not considered. Therefore, this petition has been filed. 3.

respondent police would submit that there is a dispute between the parties in respect of the temple. They received the representation of the petitioner dated 05.02.2025 and they conducted enquiry. But the petitioner has not co-operated for the enquiry and the further enquiry is scheduled to be conducted on 22.02.2025. He would further submit that they will complete the enquiry on or before 24.02.2025. 4.Since the petitioner's representation, dated 05.02.2025 is under consideration before the second respondent and considering the nature of relief sought for in this petition, this Court, without issuing notice to the private respondent, is inclined to dispose of this petition. Accordingly, the second respondent is directed to consider the petitioner's representation, dated 05.02.2025 on or before 24.02.2025, after hearing both the parties in accordance with law on merits. 5.With the above observations and direction, this Writ Petition is disposed of.

19.02.2025 Internet :Yes Index :Yes/No NCC :Yes/No LR 4/6

To

1. The Superintendent of Police, Sivagangai District, Sivagangai.

2. The Inspector of Police, Palaiyanoor Police Station, Sivagangai District.

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

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P.DHANABAL , J.

LR 19.02.2025 6/6