Madras High CourtWP(MD)/15502/2015disposed of

Ramasamy Nadar v. The State Of Tamil Nadu

2015-08-27Honourable Mr Justice T.Raja2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.08.2015

CORAM:

THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.15502 of 2015 Ramasamy Nadar ... Petitioner Vs.

1.The State of Tamil Nadu, Represented by its Commissioner of Police, Madurai City.

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

3.S.Pichai Kutti Nadar 4.P.Marckanathan 5.P.Duraichamy 6.P.Vasudevan 7.Sermakkani ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, directing the respondents 1 and 2 to grant permission to conduct Arul Migu Arunagiri Swamigal Guru Pooja and festival by petitioner as scheduled on 30.08.2015 in the Samathi comprised in R.S.No.4/1 Avaniyapuram Village, in the petition and also render police protection to conduct the festival by allowing this writ petition.

For Petitioner : Mr.N.Vallinayagam For R1 and R2 : Mr.N.Manoharan Spl.Govt.Pleader For R3 to R7 : Mr.S.Subbiah

ORDER

This writ petition has been filed seeking for the issuance of Writ of Mandamus, directing the respondents 1 and 2 to grant permission to conduct Arul Migu Arunagiri Swamigal Guru Pooja and festival by the petitioner as scheduled on 30.08.2015 in the Samathi comprised in R.S.No.4/1 Avaniyapuram Village, in the petition and also render police protection to conduct the festival.

2.Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents No.1 and 2 and the learned counsel appearing for the respondents No.3 to 7. 3.The learned counsel appearing for the respondents submitted the petitioner has already filed writ appeal against the order dated https://hcservices.ecourts.gov.in/hcservices/

22.08.2013 in W.P.(MD).No.13956 of 2013 and the same is pending before this Court, therefore, the present prayer cannot he legally tenable. 4.When this Court has already passed an order dated 22.08.2013 granting police protection to conduct the same temple festival in favour of the Arul Migu Arunagiri Swamigal Thirukovil Trust represented by its Trustee P.Duraichamy, challenging the order, Writ Appeal has been filed, therefore, in view of the submissions made by the learned counsel for the petitioner, this Court is not inclined to entertain the writ petition and hence, this writ petition is dismissed. No costs. However, liberty is given to the petitioner to work out his remedy before the pending writ appeal.

Sd/- Assistant Registrar(AE) /True copy/ Sub Assistant Registrar Ns To 1The Commissioner of Police, Madurai City.

2.The Inspector of Police,Avaniyapuram Police Station,Madurai District. +one cc to Mr.S.Subbiah, Advocate in SR.No.49825 +one cc to The Special Government Pleader, SR.No. 49717 W.P(MD)No.15502 of 2015 27.08.2015 CSL/AAL-MPA/SAR-II/09.10.2015 2p/5c https://hcservices.ecourts.gov.in/hcservices/