S.Sangupillai v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL W.P.(MD)No.4955 of 2025 S.Sangupillai ... Petitioner Vs.

1. The Superintendent of Police, O/o. the Superintendent of Police, Dindigul District, Dindigul.

2. The Deputy Superintendent Of Police, O/o. the Deputy Superintendent of Police, Oddanchathiram Circle, Dindigul District.

3. The Inspector of Police, Kannivadi Police Station, Dindigul District.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 3rd respondent police to give permission and police protection to conduct for temple consecration ceremony (Kumbavishekam) festival to be conducted Temple on 26.02.2025 during the 1/6

temple festival of Arulmighu Sri Rajakaliyamman Temple situated at Thethupatti Village, Aathoor Taluk, Dindigul District by considering the representation of the petitioner dated 29.01.2025.

For Petitioner :

Mr.S.Palani Kumar For Respondents :

Mr.R.M.Anbunithi Additional Public Prosecutor Mr.R.R.Kannan (for Owner of the temple)

ORDER

This writ petition has been filed seeking for a direction to the 3rd respondent police to give permission and police protection to conduct the temple consecration ceremony (Kumbavishekam) to be conducted on 26.02.2025 during the temple festival of Arulmighu Sri Rajakaliyamman Temple situated at Thethupatti Village, Aathoor Taluk, Dindigul District by considering the representation of the petitioner dated 29.01.2025.

2. According to the petitioner, the petitioner and their elders in the said village are organizing the temple consecration ceremony in Arulmighu Sri 2/6

Rajakaliyamman Temple situated at Thethupatti Village, Aathoor Taluk, Dindigul District. In this regard, a representation dated 29.01.2025 was made to the respondents seeking for permission and police protection for the aforesaid ceremony. But the same has not been considered by the third respondent. Therefore, the petitioner filed this petition.

3. The learned Additional Public Prosecutor appearing for the respondents, would submit that there is a dispute pending between two rival groups in respect of title of the temple and both the parties are claiming right over the temple and thereby, there may have chances for law and order issue, if the one of the parties conducts Kumbabishekam. He would further submit that the representation of the petitioner is under consideration and the respondents will complete the enquiry tomorrow ie., 25.02.2025 and pass orders on the same on merits and in accordance with law.

4. This Court heard both sides and perused the records placed before this Court.

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5. Since there are two rival groups claiming right over the temple, it is for the respondents to consider the representation of the petitioner dated 29.01.2025, after giving opportunity to the petitioner and all the interested parties, if any and dispose of the same, tomorrow ie., 25.02.2025 itself.

6. At this juncture, Mr.R.R.Kannan, learned counsel, who is appearing for the owner of the aforesaid temple, namely, one Durai Natarajan, would submit that the petitioner, without impleading the owner of the temple, namely, Durai Natarajan, filed this petition. However, sofar no application has been filed.

7. This Court, without going into the merits of the case and also due to paucity of time, since kumbabishekam is scheduled to be held on 26.02.2025, is inclined to dispose of this writ petition, even without giving an opportunity to the said Durai Natarajan.

8. In view of the said circumstances, the respondents are directed to consider the representation of the petitioner dated 29.01.2025, after giving 4/6

opportunity to the petitioner and the said Durai Natarajan and also to all the interested parties, if any, and dispose of the same on merits and in accordance with law, tomorrow ie., 25.02.2025 itself.

9. Accordingly, this writ petition is disposed of. No costs. 24.02.2025 Index :

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

TO:-

1. The Superintendent of Police, O/o. the Superintendent of Police, Dindigul District, Dindigul.

2. The Deputy Superintendent Of Police, O/o. the Deputy Superintendent of Police, Oddanchathiram Circle, Dindigul District.

3. The Inspector of Police, Kannivadi Police Station, Dindigul District.

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P.DHANABAL, J.

sm Order made in W.P.(MD)No.4955 of 2025 Dated:

24.02.2025 6/6