Madras High CourtWP(MD)/13908/2019disposed of

Perumal v. The Superintendent Of Police

2019-06-19Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.13908 of 2019 Perumal ... Petitioner Vs.

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

2. The Inspector of Police, Valanadu Police Station, Trichy District.

3. The Tahsildar, Marungapuri, Trichy District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing respondents 1 and 2 to provide adequate police protection to the petitioner and all community people for enter in the temple and worship the god during Kumbabishegam festival of "Arulmighu Petha Perumal" temple situated at Kalingapatti, Marungapuri Taluk, Trichy District which is scheduled to be taken place on 20.06.2019 by considering the petitioner's representation dated 17.06.2019. For Petitioner : Mr.M.Pitchaimuthu For Respondents : M/s.K.Suyambulinga Bharathi, Additional Public Prosecutor.

O R D E R

Heard the learned counsel on either side.

2. The petitioner states that Kumbabishegam is to be performed for the petition mentioned temple on 20.06.2019. Though he had given a representation that the conduct of the event must be stopped, the petitioner has now undergone a change of heart. All that the petitioner wants is they should also be allowed to participate in the festival and join others in worship. https://hcservices.ecourts.gov.in/hcservices/

3. I am of the view that no exception can be taken to this request. The petitioner is not asking for any conferment of honour

or recognition. When a public festival is celebrated, any member of the public is entitled to take part in the same and join in the worship. Of course nobody shall be allowed to make any nuisance. But then, participating and offering the worship should be welcomed.

4. Of course, the learned Additional Public Prosecutor submitted that there is a serious dispute between two groups and that any order that may be passed for providing police protection in this Writ petition will only exacerbate the situation.

5. I find some substance in the said contention of the learned Additional Public Prosecutor. That is why, this Court is not giving any direction for police protection etc. All that this Court says is that in all fairness, the petitioner and others must be allowed to take part in the Kumbabishegam and offer their worship. In other words, the Kumbabishegam can go on, if it has otherwise been permitted and if it is scheduled to be conducted. This order is only a recognition of his right to participate in the event and offer his worship to the god.

6. The Writ petition stands disposed of, on these terms. No costs.

SD ASSISTANT REGISTRAR ( CRL SIDE ) TRUE COPY SUB ASSISTANT REGISTRAR ( CS III ) pmu To

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

2. The Inspector of Police, Valanadu Police Station, Trichy District.

3. The Tahsildar, Marungapuri, Trichy District.

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

KK 19/06/2019 2P 5C W.P.(MD)No.13908 of 2019 https://hcservices.ecourts.gov.in/hcservices/ 19.06.2019