Madras High CourtWP(MD)/10545/2018dismissed

Arulmigu Sri Selva Vinayagar v. The Superintendent Of Police

2018-05-03Honourable Mrs Justice R. Tharani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.05.2018

CORAM

THE HON'BLE MRS.JUSTICE R.THARANI W.P.(MD) No.10545 of 2018 Arulmigu Sri Selva Vinayagar Trust, Bharathidasan Nagar, T.Koodaloor, Vedasandur Taluk, Dindigul District, Represented by its President, Mr.M.Veerappan, S/o. Malasai, ... Petitioner -Vs1. The Superintendent of Police, Dindigul District, District.

2. The Inspector of Police, Eriyodu Police Station, Dindigul District.

3. The Sub Inspector of Police, Kugiliyamparai Police Station, Vedasandur Taluk, Dindigul District.

4. M.Nallathambi ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to give police protection to conducting the temple festival of Arulmigu Sri Selvavinayar, Arulmigu Sri Karuppasamy and Sri Madurai Veeranasamy which is being situated at Bharathidasan Nagar, D.Kudaloor Village, Vedasandur Taluk, Dindigul District festival from 11.05.2018 to 13.05.2018 peacefully.

For Petitioner : Mr.N.Tamilmani For Respondents : Mr.Saravanan Government Advocate

O R D E R

https://hcservices.ecourts.gov.in/hcservices/ This Writ petition is filed for issuing a Writ of Mandamus, directing the respondents herein to give necessary police protection

to conduct the temple festival of Arulmigu Sri Selvavinayar, Arulmigu Sri Karuppasamy and Sri Madurai Veeranasamy which is being situated at Bharathidasan Nagar, D.Kudaloor Village, Vedasandur Taluk, Dindigul District from 11.05.2018 to 13.05.2018 respectively.

2. On the side of the petitioner, it is stated that the first respondent got a decree in the Civil Suit and the decree was stayed by the Appellate Court, on appeal filed by the petitioner and the petitioner requested to permit him to conduct Pongal and Kadavettu to the deity.

3. On the side of the respondents, it is stated that there is a civil dispute pending regarding the poojari right and the petitioner cannot be permitted to conduct the Pongal Pooja.

4. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.

5. There is a civil dispute regarding the poojari right of the temple. This Court cannot decide the right of the poojari in this petition and the petitioner is permitted to conduct the Pongal and Kadavettu festival in front of the temple(not inside the temple). The respondent Police is directed to provide police protection for conducting the above said pongal and Kadavettu scheduled to be held on 11.05.2018 to 13.05.2018 and the petitioner is also directed not to disturb the public peace in any manner. No costs. Sd/- Vacation Officer /True Copy/ Sub Assistant Registrar To

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

2. The Inspector of Police, Eriyodu Police Station, Dindigul District.

3. The Sub Inspector of Police, Kugiliyamparai Police Station, Vedasandur Taluk, Dindigul District.

+ 1 CC TO Mr.N.TAMILMANI, ADVOCATE IN SR No. 65086 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 65138 TSG/AKV TE/SV/SAR-2 : 04/05/2018 : 2P/6C W.P.(MD) No. 10545 of 2018 03.05.2018 https://hcservices.ecourts.gov.in/hcservices/