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Madras High CourtWP(MD)/13789/2018disposed of

M.Kumaresan, v. The Superintendent Of Police

2018-07-25Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.07.2018

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD) Nos.13789 and 16364 of 2018 M.Kumaresan ... Petitioner in W.P.(MD)No.13789 of 2018 A.Arasan ... Petitioner in W.P.(MD)No.16364 of 2018 Vs.

1.The Superintendent of Police, Karur District.

2.The Deputy Superintendent of Police, Kulithalai, Karur District.

3.The Inspector of Police, Thogaimalai Police Station, Kulithalai Taluk, Karur District.

4.V.Sangilimuthu 5.M.J.Vadivel 6.K.Govindan 7.Murugan 8.P.Narayanan Chettiayar 9.M.Murugesan

...Respondents in W.P.(MD)No.13789 of 2018

(R4 to R9 are impleaded vide Court order dated 13.07.2018 in W.M.P. (MD)No.13032 of 2018) 1.The Superintendent of Police, Karur District, Karur.

2.The Inspector of Police, Thogamalai, Karur District.

... Respondents in W.P.(MD)No.16364 of 2018 Prayer in W.P.(MD)No.13789 of 2018:- Writ petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents herein to look into the grievance of the petitioner expressed in the representation dated 22.06.2018 and thereby accord permission to conduct the "Temple Festival of Kamatchi Amman Sri Devathi Amman Temple" which is located in the petitioner's Village called Thelungapatti, Karur Taluk, Karur District and also wants to perform the "Pooja Festival" and to provide police protection to the Temple particularly on 29.07.2018 and 30.07.2018.

Prayer in W.P.(MD)No.16364 of 2018:- Writ petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents to give police protection for the Sri Kamatchiamman Devadhiamman Temple festival on 29.07.2018. For Petitioner :

Mr.K.Kevinkaran For R1 to R3 :

Mr.M.Karuppasamy, Government Advocate.

For R4 to R9 :

Mrs.Lakshmi Gopinathan for M/s.Polax Legal Sollutions (in W.P.(MD)No.13789 of 2018) For Petitioner :

Mr.C.Senthil Murugan For Respondents :

Mr.M.Karuppasamy, Government Advocate.

(in W.P.(MD)No.16364 of 2018)

ORDER

The Writ Petition in W.P.(MD)No.13789 of 2018 has been filed, seeking a direction to the respondents herein to look into the grievance of the petitioner expressed in the representation dated 22.06.2018 and thereby accord permission to conduct the "Temple Festival of Kamatchi Amman Sri Devathi Amman Temple" which is located in the petitioner's Village called Thelungapatti, Karur Taluk, Karur District and also wants to perform the "Pooja Festival" and to provide police protection to the Temple particularly on 29.07.2018 and 30.07.2018.

2.The Writ Petition in W.P.(MD)No.16364 of 2018 has been filed seeking a direction to the respondents to give police protection for the Sri Kamatchiamman Devadhiamman Temple festival on 29.07.2018.

3.Heard the learned counsel appearing for the petitioners, the learned Government Advocate appearing for the official respondents in both Writ Petitions and the learned counsel appearing for the respondents 4 to 9 in W.P.(MD)No.13789 of 2018. 4.Today, when the matter is taken up for hearing, the Inspector of Police, Thogaimalai Police Station, is present before this Court.

5.The learned Government Advocate appearing for the official respondents would submit that the dispute is among the petitioners and the respondents 4 to 9 in WP(MD)No.13789 of 2018. 6.After hearing the arguments put forth by the parties, this Court suggests to appoint an Executive Officer to conduct the said festival scheduled to be held on 29.07.2018. All the parties accepted the said suggestion and undertake to abide the directions to be issued by this Court.

7.In the light of the above, this Court is inclined to pass the following order:- (i)Mr.Velmurugan, the Executive Officer, Kulithalai is directed to conduct the festival of Kamatchi Amman Sri Devathi Amman Temple, scheduled to be held on 29.07.2018. The Inspector of Police, Thogaimalai Police Station, Karur District is also directed to provide necessary protection during the festival day. (ii)The petitioner in W.P.(MD)No.13789 of 2018 is permitted to conduct "Annadhanam and Kada Vettu" in their private lands only. In this regard, the respondents 4 to 9 and the petitioner in W.P. (MD)No.16364 of 2018 have no objections to conduct the function in their private lands.

(iii)All the parties are permitted to participate in the temple festival as well as "Abishegam" for the deity of the said temple on 29.07.2018.

(iv)The aforesaid order passed in the writ petition is without prejudice to the rights of the parties, to seek their remedy before the appropriate forum, if they so desire. 8.With these directions, these Writ Petitions are disposed of. No costs.

Sd/- Assistant Registrar(Crl.Side) /True copy/ Sub Assistant Registrar(CS-II) To 1.The Superintendent of Police, Karur District.

2.The Deputy Superintendent of Police, Kulithalai, Karur District.

3.The Inspector of Police, Thogaimalai Police Station, Kulithalai Taluk, Karur District.

4.Mr.Velmurugan, Executive Officer, Kulithalai.

+1cc to M/s.Polax Legal Sollutions, Advocate, SR.No.75108. +1cc to Mr.K.Kevinkaran, Advocate, SR.No.75025. +1cc to Special Government Pleader, SR.No.75047. W.P.(MD) Nos.13789 and 16364 of 2018 25.07.2018 MYR RAM/RP/SAR 2/26.07.2018/3P/8C