Madras High CourtWP(MD)/13548/2015disposed of

Sree Panjakannigai Devi v. The Deputy Superintendent

2015-07-31Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.07.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P(MD)No.13548 of 2015 and M.P.(MD).No.2 of 2015 Sree Panjakannigai Devi Temple, Puthen Dam, Ponmanai Post, Kanyakumari Distric - 629 161, Rep. By its President, Mr.M.Ayyappan

...Petitioner

Vs.

1.The Deputy Superintendent of Police, Thuckalay Division, Thuckalay, Kanyakumari District.

2.The Inspector of Police, Kulasekaram Police Station, Kanyakumari District. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India for the issuance of Certiorarified Mandamus, to call for the records in connection with the Impugned order passed by the 2nd Respondent in his letter dated 11.07.2015, quash the same and consequently directing the respondents 1 and 2 hereinto give permission to the petitioner for conducting fasting struggle starting from 01.08.2015 (Saturday) to 07.08.2015 (Friday) between 10.00 A.M. to 5.00 P.M. in front of Sree Panjakannigai Devi Temple, Puthendam, Ponmanai Post, Kanyakumari District.

For Petitioner : Mr.B.Bharathy Kannan For Respondent : Mr.M.Murugan Government Advocate

O R D E R

The petitioner has been agitating that the removal of encroachment of the property of the temple. An order was passed by this court in W.P.(MD). No.15156 of 2012 dated 17.12.2012, directing the authorities to consider the representation of the petitioner and take proper action after affording an opportunity to the concerned persons. In pursuant to the order passed by this court, the Revenue Divisional Officer, has passed proper orders on 13.02.2013. According to the petitioner, despite the said order no efforts have been made to remove the encroachment. To buttress its grievance, the petitioner wants to conduct a fasting struggle in front of the temple through its members between 01.08.2015 to 07.08.2015 between 10.00 a.m. to 05.00 p.m. The said request have rejected by the second respondent by the impugned order on the alleged ground that law and order problem may arise. Challenging the same the present petition has been filed.

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2. Mr.M.Murugan, learned Government Advocate takes notice on behalf of the respondent. By consent, this writ petition has taken up for disposal at the admission stage.

3. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents and perused the materials available on record.

4. What the petitioner seeks to do is to address the legitimate grievance in public interest. It is also, in pursuant to the order passed by this court as well as on the part of the Revenue Divisional Officer for such an activity, the permission cannot be granted, especially when it is sought for between 10.00a.m. to 5.00 p.m.. There is absolutely no indication of the order impugned about the materials available based upon which it has been stated that there is a likelihood of law and order problem.

5. The learned counsel for the petitioner submitted that the temple is situated within 20 kilometres on the highways and the members are about 25 to 50 in number.

6. Considering the same, the impugned order is set aside and the second respondent is directed to give adequate permission to the petitioner to conduct the fasting struggle from 01.08.2015 and 07.08.2015 between 10.00 a.m. To 05.00.p.m. in front of Sree Panjakannigai Devi Temple, Puthendam,Ponmanai Post, Kanyakumari District, Subject to the other conditions that may be imposed.

7. With the above direction, this Writ Petition is allowed. No Costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The Deputy Superintendent of Police, Thuckalay Division, Thuckalay, Kanyakumari District.

2.The Inspector of Police, Kulasekaram Police Station, Kanyakumari District.

+1cc to M/S..B.Bharathy Kannan, Advocate in SR.No 42647 TS/31.07.2015/2P - 4C W.P(MD)No.13548 of 2015 and M.P.(MD).No.2 of 2015 28.07.2015 https://hcservices.ecourts.gov.in/hcservices/