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Madras High CourtWP(MD)/8129/2023disposed of

V.Pitchan v. The District Collector

2023-04-11Honourable Mr Justice G.Ilangovan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.04.2023 CORAM :

THE HONOURABLE MR.JUSTICE G.ILANGOVAN V.Pitchan ... Petitioner Vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The Executive Officer (I/C), Shri Arulmighu Andichi Amman Kovil, Ariyandipatti Village, Singampunari Taluk, Sivagangai District.

3.The Inspector of Police, Ulagampatti Police Station, Sivagangai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the third respondent to grant, adequate police protection for the temple festival, scheduled to be conducted on 11.04.2023 in Shri Arulmighu Andichi Ammal Kovil in Ariyandipatti Village in Kulathupatti Panchayat, Singampunari Taluk, Sivagangai District.

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For Petitioner : Mr.P.M.Vishnu Varathanan For Respondents : Mr.B.Nambiselvan Additional Public Prosecutor

O R D E R

This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus, directing the third respondent to grant, adequate police protection for the temple festival, scheduled to be conducted on 11.04.2023 in Shri Arulmighu Andichi Ammal Kovil in Ariyandipatti Village in Kulathupatti Panchayat, Singampunari Taluk, Sivagangai District.

2. Mr.B.Nambiselvan, 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, "Shri Arulmighu Andichi Ammal Kovil" at Ariyandipatti Village, Kulathupatti Panchayat, Singampunari Taluk, Sivagangai District, is going to be held on 11.04.2023. Subsequent to the same, in order to conduct a cultural programme on 2/6

11.04.2023, they sought permission of the police by giving a representation dated 05.04.2023. But, the third 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 the third respondent has received the representation of the writ petitioner and the same is pending for consideration. He further submitted that there existed some rivalry between the two groups.

5. The learned counsel for the petitioner submitted that the compromise reached between the two groups and they are given an undertaking that they will not make any trouble in future.

6. I have considered the submission of the learned counsel appearing for the writ petitioner and the learned Additional Public Prosecutor appearing for the respondents.

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7. It is brought to the notice of this Court that the Director General of Police, Tamil Nadu, Chennai had issued a circular memorandum in Rc. 007301/Genl.I (1)/2019, dated 09.04.2019, along with instructions to the Inspectors of Police throughout Tamil Nadu for consideration of applications seeking permission for conducting cultural programme. Therefore, in view of the detailed circular and guidelines issued by the Director General of Police, the writ petitioner is directed to given an undertaking before the third respondent police that he will not make any trouble and on such undertaking, the third respondent is hereby directed to consider the representation of the writ petitioner, dated 05.04.2023 and pass suitable orders based on the above said circular. With the above direction, this Writ Petition stands disposed of. No costs.

11.04.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No tta 4/6

To 1.The District Collector, Sivagangai District, Sivagangai.

2.The Executive Officer (I/C), Shri Arulmighu Andichi Amman Kovil, Ariyandipatti Village, Singampunari Taluk, Sivagangai District.

3.The Inspector of Police, Ulagampatti Police Station, Sivagangai 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 : 11.04.2023 6/6