V.S.Thripurasundari v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.03.2024 CORAM :

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP V.S.Thripurasundari Hereditary Trustee, Arulmigu Sri Muthalamman Temple, Dindigul District.

... Petitioner Vs.

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

2.The Inspector of Police, Vilampatti Police Station, Nilakottai Taluk, Dindigul District.

3.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Seelapadi Main Road, Dindigul.

4.The Executive Officer, Arulmigu Sri Muthalamman Temple, Muthalapuram, Vilampatti, Nilakottai Taluk, Dindigul District having office at Arulmigu Nadarajar Kovil, Nilakottai.

... Respondents 1/6

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 No.1 and 2 to provide adequate Police protection to the Panguni Festival of Arulmighu Muthalamman Temple situated at Muthalapuram, Vilampatti Village, Nilakottai Taluk, Dindigul District scheduled to be conducted from 09.04.2024 to 13.04.2024 by considering the Petitioner's representation, dated 26.02.2024. For Petitioner : Mr.S.Karthick Ramkumar 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 is Hereditary Trustee of Arulmighu Muthalamman Temple situated at Muthalapuram, Vilampatti Village, Nilakottai Taluk, Dindigul District. The Petitioner had filed this Writ Petition seeking direction against the Respondents No.1 and 2 to provide adequate Police protection to the Panguni Festival of Arulmighu Muthalamman Temple situated at Muthalapuram, Vilampatti Village, Nilakottai Taluk, Dindigul District scheduled to be conducted from 09.04.2024 to 13.04.2024 by considering the Petitioner's representation, dated 26.02.2024. 2/6

2.The learned Government Advocate (crl.side) on instructions from the Respondent Police submitted that based on the representation of the Petitioner, dated 26.02.2024, the second Respondent conducted an enquiry. In order to conduct enquiry, the Petitioner was summoned. Instead of appearing before the second Respondent, the Petitioner had straight away filed this Writ Petition. Also, the learned Government Advocate (crl.side) on instructions from the Respondent Police submitted that there are rival claims in the village. The learned Government Advocate (crl.side) further submitted that the Temple is managed by HR & CE Department. Therefore, the Petitioner had to obtain appropriate orders from the Joint Commissioner, HR & CE Department for conducting the Temple festival.

3.If there are rival claims in regard to the organisation of the Temple festival, the second Respondent shall issue summons to the rival groups and direct them to appear before the Tahsildar, Nilakottai Taluk. Dindigul District. Considering the present circumstances that election to the Lok Sabha having been declared, the Executive Magistrate will busy 3/6

with election duty. Therefore, even if Tahsildar is not available, any Deputy Tahsiladar of Nilakottai Taluk, as Executive Magistrate, shall convene a peace committee meeting. If both sides agree for the peaceful conduct of the Temple festival, an undertaking shall be obtained from the each of the organizers, that there will be not be breach of peace in the village surrounding the Temple. If both parties arrived at a compromise, the Executive Magistrate shall pass appropriate orders in the light of the ircular of the Director General of Police, Tamil Nadu/Head of State Police Force, Chennai-4, in Rc.No.007301/General I(I)/2019, dated 09.04.2019. The organisers of the event shall pay the necessary charges for deployment of police forces for police protection, as per G.O.Ms.No. 139, Home (PoI.VIII) Dept. dated 04.03.2019.

In the result, the Writ Petition is disposed of. No costs. 19.03.2024 Internet :Yes/No Index :Yes/No cmr 4/6

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

2.The Inspector of Police, Vilampatti Police Station, Nilakottai Taluk, Dindigul District.

3.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Seelapadi Main Road, Dindigul.

4.The Executive Officer, Arulmigu Sri Muthalamman Temple, Muthalapuram, Vilampatti, Nilakottai Taluk, Dindigul District.

5.The Tahsildar, Nilakottai Taluk. Dindigul District.

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SATHI KUMAR SUKUMARA KURUP, J.

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