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Madras High CourtWP(MD)/9734/2025disposed of

Balaji V v. The Superintendent Of Police

2025-04-07Honourable Mr. Justice P.Dhanabal8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL V.Balaji ... Petitioner vs.

1.The Superintendent of Police, Madurai District, Madurai.

2.The Deputy Superintendent of Police, Samayanallur Range, Madurai District.

3.The Inspector, Alanganallur Police Station, Madurai District.

4.The Revenue Divisional Officer, Madurai, Madurai District.

5.The Tahsildar, Vadipatti Taluk, Madurai District.

6.The Executive Officer, Arulmigu Muniyandi Swamy Vagaiyara Thirukkovil, Alanganallur, Madurai District.

... Respondents 1/8

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents 1 to 3 to provide police protection during the "Brass Horse Drawn in Arulmighu Muniyandi Swami Chariot" ceremony of 'Panguni festival' in 'Arulmighu Muniyandi Swami Temple', Alanganallur, which is scheduled on 09.04.2025.

For Petitioner : Mr.R.J.Karthick For R1 to R3 : Mr.R.M.Anbunithi Additional Public Prosecutor (crl.side) For R4 & R5 : Mr.M.Senthil Ayyanar Government Advocate For R6 : Mr.Ramesh Mahadev

O R D E R

This petition is filed by the petitioner to direct the respondents 1 to 3 to provide police protection during the "Brass Horse drawn in Arulmighu Muniyandi Swami Chariot ceremony" of 'Panguni festival' in 'Arulmighu Muniyandi Swami Temple' situated at Alanganallur, which is scheduled to be held on 09.04.2025.

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2. According to the petitioner, the petitioner have a 'Brass Horse' for the travel of car in the 'chariot festival' of aforesaid temple and for a particular kz;lfg;gb, the chariot will be conducted using the 'Brass Horse'. While so, this year, the Executive Officer decided to conduct the 'Horse Chariot' using 'Board Horse' by excluding the 'Brass Horse'. Therefore, the deity has to put in the 'Board Horse' during the festival, which scheduled to be held on 09.04.2025. Now, the sixth respondent is causing trouble to the petitioner in conducting the festival. Therefore, the police protection is essential. The sixth respondent has already sent a letter to the petitioner to hand over the 'Brass Horse' and the petitioner is also ready to hand over the same by today itself as per the procedure and he can take back after the festival for safety purpose.

3. The learned counsel appearing for the sixth respondent submits that the entire festival is to be conducted on the supervision of the sixth respondent and earlier, the festival was conducted by the 'Board Horse' and thereafter, in the year 2021, the petitioner introduced the 'Brass 3/8

Horse'. However, now, the 'Brass Horse' is under the custody of petitioner and hence, notice was issued to the petitioner to produce the said 'Brass Horse' and so far, he has not produced the same. Hence, they decided to conduct festival with the 'Board Horse'. If the petitioner produces the 'Brass Horse', then they will conduct the festival with the 'Brass Horse' and thereafter, the handing over the custody of the same to the petitioner can be decided by the sixth respondent in the pending proceedings.

4. The learned Additional Public Prosecutor(crl.side) appearing for the respondents 1 to 3, on instructions, submits that earlier, there is no dispute in respect of conducting festival and the petitioner only want to conduct festival with the 'Brass Horse' by breaching the earlier procedure and formalities. Therefore, there is a dispute between the petitioner and the sixth respondent. However, they will provide adequate police protection to the entire festival.

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5. The learned Government Advocate appearing for the respondents 4 and 5, on instructions, submits that the temple is administered by the sixth respondent and he is the competent person to the issue.

6. Considering the rival submissions made on either side and the festival was also scheduled to be held on 08.04.2025 i.e., tomorrow onwards, this Court, without going into the merits of the case and decide the rights of the parties, and also considering that both the parties agreed to conduct festival with the 'Brass Horse'. Since the petitioner admitted to produce the 'Brass Horse' today(i.e., 07.04.2025) itself, this Court directs the petitioner to produce the 'Brass Horse' to the sixth respondent today evening before 08.00 pm., and thereafter, the sixth respondent is directed to conduct the aforesaid temple festival as per the procedure and in accordance with law. The respondents 1 to 3 are directed to provide adequate police protection for the public. It is needless to say that the return back of the 'Brass Horse' is subject to the outcome of the orders to be passed by the sixth respondent in the pending proceedings. 5/8

7. With the above observation, this Writ Petition is disposed of. No costs.

Index :Yes / No 07.04.2025 NCC :Yes / No Rmk Note : Issue order copy on 07.04.2025 To 1.The Superintendent of Police, Madurai District, Madurai.

2.The Deputy Superintendent of Police, Samayanallur Range, Madurai District.

3.The Inspector, Alanganallur Police Station, Madurai District.

4.The Revenue Divisional Officer, Madurai, Madurai District.

5.The Tahsildar, Vadipatti Taluk, Madurai District.

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P. DHANABAL , J.

Rmk 07.04.2025 8/8