Thavamani v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.03.2024 CORAM :

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP Thavamani, ... Petitioner Vs

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

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

3.Arul ... Respondents (*R3 impleaded vide Order dated 06.03.2024) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the Respondents to grant necessary permission and provide adequate Police Protection for conducting the temple festival of Arulmighu Shri Muthukaruppan Petchiyamman Temple scheduled to be held from 08.03.2024 to 10.03.2024 at Kovilankulam, Usilampatti Taluk, Madurai District, by considering the petitioner's representation, dated 04.03.2024. 1/6

For Petitioner : Mr.S.Vikram For R1 & R2 : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) For R3 : Mr.Jegadeesh Pandian

O R D E R

The learned Counsel appearing for the Petitioner submits that the Petitioner had filed this Writ Petition seeking a Writ of Mandamus against the Respondents to grant necessary permission and to provide adequate police protection for conducting the temple festival of Arulmighu Shri Muthukaruppan Petchiyamman Temple scheduled to be held from 08.03.2024 to 10.03.2024 at Kovilankulam, Usilampatti Taluk, Madurai District, on the basis of the representation given by the Petitioner, dated 04.03.2024.

2.The learned Government Advocate (Crl.Side) appearing for the Respondents submits that the Petitioner's representation was sent through registered post and he vehemently objects to the line of argument put forth by the learned Counsel appearing for the Petitioner without issuing notice to the objectors for the festival in the village. Also, the learned 2/6

Government Advocate (Crl.Side) submits that on instructions of the second Respondent, there had been rival claims and the temple festival could not be celebrated in the previous years. Due to the rival claims, the subject matter is already referred to the Revenue Divisional Officer, Usilampatti. The Petitioner, even after knowing fully about those details, had suppressed those material facts and not impleaded the rival parties. 3.Mr.Jegadeesh Pandian, learned Counsel appearing for the Intervenor submits that based on his complaint only, the subject matter was referred to the Revenue Divisional Officer, Usilampatti and the same is pending.

4.Considering the vehement objection of the learned Government Advocate (Crl.Side) that the Petitioner had suppressed the previous proceedings between the rival parties before the Revenue Divisional Officer, Usilampatti, the first and second Respondents are directed to issue notice to the rival claimants and to appear before the Revenue Divisional Officer, Usilampatti. If they intend to proceed with the festival, the decision of the Revenue Divisional Officer, Usilampatti, will be final.

3/6

5.With the above directions, this Writ Petition stands disposed of. No costs.

06.03.2024 Index :Yes/No Internet: Yes/No LR Note: Issue Order Copy on 07.03.2024 4/6

To

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

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

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

5/6

SATHI KUMAR SUKUMARA KURUP, J.

LR W.P(MD).No.5312 of 2024 06.03.2024 6/6