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Madras High CourtWP(MD)/5101/2024dismissed

M.Natarajan v. The Superintendent Of Police

2024-03-05Honourable Mr Justice Sathi Kumar Sukumara Kurup5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.03.2024 CORAM :

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP M.Natarajan ... Petitioner Vs.

1. The Superintendent of Police, Office of the Superintendent of Police, Theni District.

2. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Theni District.

3. The Inspector of Police, Palanishettypatty Police Station, Theni District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the Respondents No.1 to 3 to provide adequate police protection to the Sivarathiri festival at Sri.Veeru Chinnammal, Sri.Kannimar Sri.Sangili Karuppasamy Thirukovil which is situated in Koduvilarpatti Village, Theni District, held on 08.03.2024 to 09.03.2024 from the Respondents by considering his representation dated on 16.02.2024. 1/5

For Petitioner : Mr.M.Manimegalai For Respondents : Mr.B.Thanga Aravindh Government Advocate (Crl. side)

O R D E R

The learned Counsel for the Petitioner submitted that the Petitioner had filed this petition seeking a Writ of Mandamus, against the Respondents No.1 to 3 to grant permission and to provide police protection to conduct Sivarathiri festival at Sri.Veeru Chinnammal, Sri.Kannimar Sri.Sangili Karuppasamy Thirukovil which is situated in Koduvilarpatti Village, Theni District, held on 08.03.2024 to 09.03.2024 from the Respondents by considering his representation dated on 16.02.2024.

2.The learned Government Advocate (Criminal side) on instructions from the Respondent Police submitted that on earlier occasion when the festival was held there were group clashes between the rival parties. Based on which, the Revenue Divisional 2/5

Officer/Executive Magistrate, Periyakulam, hold a Peace Committee Meeting. This year, the Petitioner had filed this petition seeking a Writ of Mandamus, against the Respondent Police to grant permission and to provide police protection to conduct the festival. Based on which, this Court had ordered the Revenue Divisional Officer/Executive Magistrate, Periyakulam, to conduct Peace Committee Meeting. 3.Only if both the parties agree for the peaceful conduct of the festival, the Revenue Divisional Officer/Executive Magistrate, Periyakulam, shall pass appropriate orders. If both the parties does not arrive at an amicable settlement, the Revenue Divisional Officer/Executive Magistrate, Periyakulam, shall refuse to grant permission to conduct the festival.

Therefore, the Peace Committee Meeting was held as per the earlier order of this Court in W.P.(MD)No.4274 of 2024 in which both the parties could not arrive at an amicable settlement to conduct the festival in a peaceful manner. Therefore, the Revenue Divisional Officer/Executive Magistrate, Periyakulam, had refused to grant permission in the absence of an amicable settlement between the rival parties.

4.Recording the submission of the learned Government Advocate (Criminal side), this Writ Petition is dismissed. No costs. 05.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No jbr To

1. The Superintendent of Police, Office of the Superintendent of Police, Theni District.

2. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Theni District.

3. The Inspector of Police, Palanishettypatty Police Station, Theni District.

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SATHI KUMAR SUKUMARA KURUP, J.

jbr 05.03.2024 5/5