← Library
Madras High CourtWP(MD)/4697/2025disposed of

P.Pandi Durai v. The Superintendent Of Police

2025-02-20Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL W.P.(MD)No.4697 of 2025 P.Pandi Durai ... Petitioner Vs.

1. The Superintendent of Police, O/o. Superintendent of Police, Madurai District.

2. The Inspector of Police, Perungudi Police Station, Madurai District.

3. Muthaiah

4. Vellaithai

5. Maruthupandian

6. Veeranan ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondent nos. 1 and 2 to provide necessary police protection to the petitioner and other families to celebrate the Siva Rathri temple festival in the temple namely Arulmigu Pillathi Karupasamy temple 1/6

situated in S.No. 97/4, Kusavankundu Village, Madurai District by considering the petitioner's representations dated 05.02.2025 and 10.02.2025 within the time limit that may be stipulated by this Court.

For Petitioner :

Mr.R.Ganeshprabu For Respondents :

Mr.R.M.Anbunithi (R1 & R2) Additional Public Prosecutor

ORDER

This writ petition has been filed seeking for a direction to the respondents 1 and 2 to provide necessary police protection to the petitioner and other families to celebrate the Siva Rathri temple festival in the temple namely Arulmigu Pillathi Karupasamy temple situated in S.No. 97/4, Kusavankundu Village, Madurai District by considering the petitioner's representations dated 05.02.2025 and 10.02.2025 within the time limit that may be stipulated by this Court.

2. Considering the limited scope of the prayer sought for in this writ petition, notice to the private respondents is dispensed with. Heard the learned counsel on either side and perused the records placed before this Court. 2/6

3. According to the petitioner, he is the poosari of the temple namely, Arulmigu Pillathi Karupasamy temple situated in Kusavankundu Village, Madurai District and they want to celebrate Siva Rathri festival on 26.02.2025. While being so, the private respondents herein, who are also administering the said temple, due to the misunderstanding between the parties, may cause disturbance to the smooth functioning of Siva Rathri festival. Therefore, the petitioner sent representations dated 05.02.2025 and 10.02.2025. Since the same have not been considered, the petitioner filed this writ petition.

4. The learned Additional Public Prosecutor appearing for the official respondents submits that there are rival groups claiming right over the subject property and there is also a dispute in respect of administration of the said temple. However, if the petitioner undertakes to conduct the said festival without causing any breach of peace and to maintain law and order, the official respondents will consider the representations of the petitioner positively. 3/6

5. At this juncture, the learned counsel appearing for the petitioner undertakes that the petitioner will conduct Siva Rathri festival without causing any breach of peace and will also maintain law and order.

6. Considering the submission made on either side and also recording the undertaking given by the petitioner that they will conduct Siva Rathri festival without causing any breach of peace and will maintain law and order, this Court is inclined to dispose of this writ petition.

7. The second respondent is directed to consider the representations of the petitioner dated 05.02.2025 and 10.02.2025 within a period of two days. Accordingly, this writ petition is disposed of. No costs. 20.02.2025 Index :

Yes / No sm Note: Issue order copy on 24.02.2025.

4/6

TO:-

1. The Superintendent of Police, O/o. Superintendent of Police, Madurai District.

2. The Inspector of Police, Perungudi Police Station, Madurai District.

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

5/6

P.DHANABAL, J.

sm Order made in W.P.(MD)No.4697 of 2025 Dated:

20.02.2025 6/6