R.Murugaiah v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.02.2025
CORAM:
THE HONOURABLE MR.JUSTICE P.DHANABAL W.P.(MD) No.4639 of 2025 R.Murugaiah ... Petitioner vs.
1.The Superintendent of Police, Tenkasi.
2.The Inspector of Police, Sendhamaram Police Station, Sendhamaram, Tenkasi.
3.Kalayanasundharam.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondent to grant permission and to provide police protection to conduct (Temple Festival) on 26.02.2025 to 28.02.2025 in pursuance of the temple festival of the Veerasigamani Arulmigu Sappanimaadan, Maadathiyammal Kovil situated at Veerasigamani village, Kadayanallur Taluk, Tenkasi by considering the petitioner's representation dated 21.01.2025. For petitioner : Ms.S.Sinduja For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor Page No. 1 of 6
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O R D E R
This petition has been filed by the petitioner to direct the respondents 1 and 2 to grant permission and to provide police protection to conduct (Temple Festival) on 26.02.2025 to 28.02.2025 in pursuance of the temple festival of the Veerasigamani Arulmigu Sappanimaadan, Maadathiyammal Kovil, situated at Veerasigamani village, Kadayanallur Taluk, Tenkasi, by considering the petitioner's representation, dated 21.01.2025.
2. Mr.R.M.Anbunithi, learned Additional Public Prosecutor takes notice for the respondents.
3. The learned counsel for the petitioner would submit that the petitioner is the Hereditary Poosari of their clan temple i.e., Arulmigu Sappanimaadan, Maadathiyammal Kovil. They proposed to celebrate 'Masi Padaippu' festival from 26.02.2025 to 28.02.2025. While so, the private respondent attempted to create problem with the petitioner in order to restrain the celebration of the festival. Therefore, on 28.09.2024, the third respondent cut down the branches of a tree, for which, a complaint has been lodged by the petitioner, in which, CSR. No.727 of 2024 was Page No. 2 of 6
assigned on 29.09.2024. But, no case has been registered against the third respondent. Even now, the third respondent is causing threat to the petitioner not to conduct the festival. Therefore, on 21.01.2025, the petitioner gave a representation to the second respondent and the same has not been considered. Hence, he filed this petition.
4. The learned Additional Public Prosecutor appearing for the respondents 1 and 2 would submit that the representation of the petitioner was considered and after enquiry, the said representation was closed, since there is a dispute between the petitioner and other rival group. Therefore, nothing survives for further adjudication.
5. This Court heard both sides and perused the records.
6. Considering the limited scope of the prayer sought for in this petition, this Court, even without issuing notice to the private respondent, is inclined to pass orders at the admission stage itself.
7. The petitioner seeks police protection only to conduct festival and not claiming any rights over the temple through this petition. If any Page No. 3 of 6
dispute is pending between the parties in respect of the rights over the temple, the same can be decided before the appropriate Civil Court. But, the present petition is for police protection for a particular period i.e., 3 days to conduct festival. Therefore, considering the limited scope of the prayer sought for in this petition, this Court is inclined to direct the second respondent police to give police protection for the festival, which is scheduled to be conducted from 26.02.2025 to 28.02.2025.
8. It is made clear that this Court does not decide any rights of the parties and only to conduct the festival, the police protection is ordered.
9. With the above said observations and directions, this Writ Petition is disposed of.
21.02.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No apd Page No. 4 of 6
To 1.The Superintendent of Police, Tenkasi.
2.The Inspector of Police, Sendhamaram Police Station, Sendhamaram, Tenkasi.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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P.DHANABAL,J apd W.P.(MD) No.4639 of 2025 21.02.2025 Page No. 6 of 6