Ramaiyah v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.02.2025

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL W.P(MD)No.5164 of 2025 and W.M(MD)No.3776 of 2025 Ramaiyah ... Petitioner Vs.

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

2. The Inspector of Police, Puliyankudi Police Station, Tenkasi District.

3. Ramachandiran

4. Kulandhaivelu

5. E.Anandan

6. K.Kalimuthu ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, directing the respondents 1 and 2 to grant police protection to the petitioner and all the devotes of Page No. 1 of 5

Vellangkulam Village to worship the deity's and perform all the customary practices at the time of Maha Sivarathiri in Arulmigu Periyasamy Ayyanar Thirukovil, Krishnapuram Village, Tenkasi District. For Petitioner : Mr.R.J.Karthick For Respondent : Mr.R.M.Anbunmithi Additional Public Prosecutor (Crl. Side)

O R D E R

This writ petition has been filed by the petitioner to direct the respondents no.1 and 2 to grant police protection to the petitioner and all the devotes of Vellangkulam Village to worship the deity's and perform all the customary practices at the time of Maha Sivarathiri in Arulmigu Periyasamy Ayyanar Thirukovil, Krishnapuram Village, Tenkasi District.

2. According to the petitioner, they have decided to conduct Maha Sivarathiri Festival in the above said Temple. While so, the private respondents are disturbing the public from worship, therefore they seeks police protection and sent a representation dated 21.02.2025 and the same has not been considered by the respondent police. Page No. 2 of 5

3. The learned Additional Public Prosecutor (Criminal Side) appearing for the respondent police would submit that based on the representation of the petitioner, they have conducted an enquiry and during the enquiry, both the parties have not amicably settled and both are trying to create law and order issue. Therefore, police protection cannot be given and a civil proceedings is also pending in O.A.No.15 of 2024 before the Joint Commissioner, HR & CE Department, Thoothukudi and the parties can workout their remedy before the appropriate forum.

4. This Court heard both sides and perused the records.

5. Since the prayer of the petitioner is only to give police protection to worship of the general public, this Court without going into the merits of the rights of the parties over the Temple and considering the larger interest of the public, directs the 2nd respondent to give police protection to the general public, who attending the worship of the Temple and the District Superintendent of Police, Tenkasi District is also directed to monitor the same.

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6. With the above said observations and directions, this writ petition is disposed of. No costs. Consequently, connected writ miscellaneous petition is closed.

25.02.2025 Internet :Yes Index :Yes/No NCC :Yes/No mac Note: Registry is directed to issue order copy on or before 26.02.2025. Page No. 4 of 5

P.DHANABAL , J.

mac To

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

2. The Inspector of Police, Puliyankudi Police Station, Tenkasi District.

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

Note: Registry is directed to issue order copy on or before 26.02.2025. W.P(MD)No.5164 of 2025 and W.M(MD)No.3776 of 2025 25.02.2025 Page No. 5 of 5