Petchimuthu A v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.04.2023 CORAM :

THE HONOURABLE MR.JUSTICE G.ILANGOVAN A.Petchimuthu ... Petitioner Vs.

1.The Deputy Superintendent of Police, Tenkasi, Tenkasi District.

2.The Sub Inspector of Police, Ayyapuram Police Station, Tenkasi District.

3.The Tahsildar, Thiruvengadam Taluk, Tenkasi District.

4.Mr.Shanmugavelu ... Respondents 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 1 and 2 to grant permission and protection for the petitioner and his men to worship the deity and perform pooja in connection with Panguni Uthiram Festival scheduled from 05.04.2023 to 06.04.2023 in Kaduvetti Karuppasamy Temple situated in Survey No.319/1A, 1/5

Mahendravadi Village, Thiruvengadam Taluk, Tenkasi District as per the representation given by the petitioner dated 18.03.2023. For Petitioner : Mr.R.J.Karthick For Respondents : Mr.B.Nambiselvam Additional Public Prosecutor

O R D E R

This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus, to direct the respondents 1 and 2 to grant permission and protection for the petitioner and his men to worship the deity and perform pooja in connection with Panguni Uthiram Festival scheduled from 05.04.2023 to 06.04.2023 in Kaduvetti Karuppasamy Temple situated in Survey No.319/1A, Mahendravadi Village, Thiruvengadam Taluk, Tenkasi District as per the representation given by the petitioner dated 18.03.2023.

2. Mr.B.Nambi Selvan, learned Additional Public Prosecutor takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself.

3. The learned counsel appearing for the writ petitioner submitted that festival for the temple, by name, "Kaduvetti Karuppasamy Temple" 2/5

at Survey No.319/1A, Mahendravadi Village, Thiruvengadam Taluk, Tenkasi District, is going to be held on 05.04.2023 and 06.04.2023. Subsequent to the same, in order to conduct a cultural programme on 05.04.2023 to 06.04.2023, they sought permission of the police by giving a representation dated 18.03.2023. But, the second respondent has not considered the said representation. Since no order was passed, the writ petitioner has come before this Court for the above said relief.

4. The learned Additional Public Prosecutor appearing for the respondents would submit that in the Peace Committee Meeting the parties did not appear and therefore, a recommendation has been made by the Inspector of Police, Sankarankovil, to initiate proceedings under Section 107 Cr.P.C by the Competent Authority and the same is also pending.

5. In view of the above said development, the parties are directed to workout his remedy in the pending proceedings to be initiated by the Competent Authority.

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

03.04.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No tta To 1.The Deputy Superintendent of Police, Tenkasi, Tenkasi District.

2.The Sub Inspector of Police, Ayyapuram Police Station, Tenkasi District.

3.The Tahsildar, Thiruvengadam Taluk, Tenkasi District.

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

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G.ILANGOVAN,J tta Order made in Dated :03.04.2023 5/5