Ponnusamy N v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.04.2024 CORAM :

THE HON'BLE MR.JUSTICE B.PUGALENDHI N.Ponnusamy

...Petitioner

Vs.

1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Superintendent of Police, Virudhunagar District, Virudhunagar.

3.The Deputy Superintendent of Police, Rajapalayam, Virudhunagar District.

4.The Tahsildar, Rajapalayam Taluk, Virudhunagar District.

5.The Inspector of Police, Rajapalayam North Police Station, Virudhunagar District.

6.G.Ramaiah

...Respondents

1/5

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 5 to grant permission and provide adequate Police Protection to conduct Shree Neerukatha Ayyanar Temple festival of 'Chithirai Venkudai Thiruvizha' at Rajapalaym Town & Taluk, Virudhunagar District which is scheduled on 14.04.2024 and 15.04.2024 and to allow the petitioner to dance with Venkudai by considering the representation dated 27.03.2024, within the stipulated time. For Petitioner : Mr.M.Jothi Basu For R1 to R5 : Mr.T.Senthil Kumar Additional Public Prosecutor

O R D E R

This Writ Petition has been filed seeking issuance of a Writ of Mandamus, directing the respondents 1 to 5 to grant permission and provide adequate Police Protection to conduct Shree Neerukatha Ayyanar Temple festival of 'Chithirai Venkudai Thiruvizha' at Rajapalaym Town & Taluk, Virudhunagar District which is scheduled on 14.04.2024 and 15.04.2024 and to allow the petitioner to dance with Venkudai by considering the representation dated 27.03.2024. 2/5

2.The learned Additional Public Prosecutor appearing for the respondents 1 to 5 submitted that on the very same issue, the petitioner has already filed a suit in O.S.No.39 of 2024 before the District Munsif Court, Rajapalayam. Also, he submitted that the petitioner has failed to get interim injunction from the Court concerned, has filed this petition seeking issuance of a Writ of Mandamus, directing the respondent police to grant permission for conducting the temple festival and to provide police protection.

3.Since the issue is already pending before the Civil Court, this Court is not inclined to pass any orders without hearing the other side. 4.Accordingly, this Writ Petition is dismissed with liberty to the petitioner to workout his remedy before the Civil Court. No costs. 12.04.2024 Internet :Yes Index :Yes/No NCC :Yes/No jbr 3/5

To 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Superintendent of Police, Virudhunagar District, Virudhunagar.

3.The Deputy Superintendent of Police, Rajapalayam, Virudhunagar District.

4.The Tahsildar, Rajapalayam Taluk, Virudhunagar District.

5.The Inspector of Police, Rajapalayam North Police Station, Virudhunagar District.

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

4/5

B.PUGALENDHI , J.

jbr 12.04.2024 5/5