Vaira Mohan @ V.Mohan v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.02.2025
CORAM
THE HONOURABLE MR.JUSTICE P.DHANABAL Vaira Mohan @ V.Mohan ... Petitioner Vs.
1.The Superintendent of Police, Madurai District.
2.The Deputy Superintendent of Police, Thirumangalam Sub Division, Madurai District.
3.The Inspector of Police, Thirumangalam Taluk Police Station, Madurai District.
... 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 to award adequate police protection for the petitioner's celebration to be taken place on 26.02.2025 in connection with the Maha Sivarathiri Festival in the petitioner's patta land in Survey No.85/7A (Patta No.223), Sithalai Village, Thirumangalam, Madurai District by 1/6
considering the petitioner's representation, dated 05.02.2025 and pass such further or other orders as this Court.
For Petitioner : Mr.R.Anand For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor
ORDER
The present petition has been filed for issuance of Writ of Mandamus directing the respondents to award adequate police protection for the petitioner's celebration of Temple festival on 26.02.2025 on account of Maha Sivarathiri Festival in the petitioner's patta land in Survey No.85/7A (Patta No.223), Sithalai Village, Thirumangalam, Madurai District by considering the petitioner's representation, dated 05.02.2025.
2. According to the petitioner, there is a clan deity, namely, Arulmigu Sundaravalli Amman Temple belongs to the pangalis of the petitioner and their relatives and thereafter, the Temple Administration 2/6
was administered by the Hindu Religious and Charitable Endowment Department [Hereinafter called as 'HR&CE']. Every year they used to conduct Maha Sivarathiri festival in the said Temple. Due to some misunderstanding between the parties, every year they used to approach this Court for conducting festival. Thereby, this Court permitted the fit person appointed by the HR&CE Department and Thakkar to conduct the festival in a peaceful manner and also directed not to give any first honour or priority to anybody and all the persons must be treated equally and everybody shall be permitted to participate in the festival. While so, this petitioner and other pangalis in order to have a peaceful Dharshan, they purchased the property in patta land in S.No.
85/7A, Sithalai Village, Thirumangalam, Madurai District for keeping boxes which was usual practice from time immemorial. Therefore, now they want to conduct festival on 26.02.2025 on account of Maha Sivarathiri by keeping the boxes in that place. But the private respondents likely to cause disturbance to the above said function. Therefore, they approached the second respondent through representation, dated 26.02.2025 for awarding adequate police protection but the same has not been considered. Hence, the petition.
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3. The learned Additional Public Prosecutor appearing for the respondents would submit that there are two rival groups claiming right over the property and thereby, already this Court directed the Thakkar and the fit person appointed by the HR&CE of the Temple to conduct festival. Now the petitioner want police protection for the worship in private place and the respondents cannot provide police protection due to administrative reasons.
4. Since the petitioner want to conduct festival on their own patta land and already this Court passed appropriate orders in respect of conducting festival in the Temple and this property is noway connected to the above said Temple, it is for the petitioner to conduct the festival in a peaceful manner without creating any law and order issue. To that effect, the learned Counsel appearing for the petitioner also undertakes before this Court that the petitioner will not create any law and order issue and he will conduct festival in S.No.85/7A in a peaceful manner by keeping the boxes in the said place.
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5. Recording the above said submission of the either side Counsels, this writ petition stands disposed of in the above said terms. However, if any disturbance caused by anybody, the petitioner can approach the third respondent in the manner known to law. At the same time, the respondents also on such complaint if any received, they can act in accordance with law. There shall be no order as to costs. 20.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes BTR Note: Issue order copy on 21.02.2025.
To 1.The Superintendent of Police, Madurai District.
2.The Deputy Superintendent of Police, Thirumangalam Sub Division, Madurai District.
3.The Inspector of Police, Thirumangalam Taluk Police Station, Madurai District.
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P.DHANABAL, J.
BTR 20.02.2025 6/6