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Madras High CourtWP(MD)/17900/2018disposed of

Anbalagan v. The District Collctor

2018-08-14Honourable Mr Justice N. Anand Venkatesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.08.2018

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH W.P.(MD).No.17900 of 2018 Anbalagan

...Petitioner

Vs.

1. The District Collector, Dindigul District, Dindigul.

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

3. The Revenue Divisional Officer, Palani, Dindigul District.

4. The Tahsildar, Taluk Office, Vedasanthur,

5. The Inspector of Police, Eriyodu Police Station,

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to give police protection for Arulmigu Shree Vinayagar, Kaliyamman, Mariamman, Muthalamman and Bagavathy Amman Kovil at Kalathupatti Village, R.Pudukottai, Vedasanthur Taluk, Dindigul District for the Aavani Festival and other programme on 20.08.2018 and 21.08.2018. For Petitioner :Mr.R.Manoharan For Respondents :Mr.B.Bhagawathi Government Advocate

ORDER

This Writ Petition has been filed seeking for police protection to conduct the festival at Arulmigu Shree Vinayagar, Kaliyamman, Mariamman, Muthalamman and Bagavathy Amman Kovil at Kalathupatti Village, R.Pudukottai, Vedasanthur Taluk, Dindigul District .

2.The learned counsel for the petitioner would submit that there are two groups, which are fighting with each other in conducting the festival. The other group has already conducted the festival on 03.07.2018 and therefore, the group belonging to the petitioner must be permitted to conduct the festival on 20.08.2018 and 21.08.2018.

3.The learned Government Advocate would submit that the Peace Committee Meeting was conducted by the fourth respondent on 03.08.2018 and it was decided that since both the groups are not cooperating in conducting the festival peacefully, no permission can be granted since the same will result in law and order problem. 4.The proceeding of the fourth respondent dated 03.08.2018 is placed before this Court. From the proceedings, it is seen that the 'A' party was permitted to conduct the festival on 03.07.2018 and on the said day, the person belonging to the 'B' party were not permitted to participate in the festival. When such a permission has been granted to the 'A' party, the 'B' party, which the petitioner, is representing should also have their share in the conduct of the festival.

5.There shall be a direction to the fifth respondent to give police protection for the festival to be conducted on 20.08.2018 and 21.08.2018 at "Arulmigu Shree Vinayagar, Kaliyamman, Mariamman, Muthalamman and Bagavathy Amman Kovil" at Kalathupatti Village, R.Pudukottai, Vedasanthur Taluk, Dindigul District. The fifth respondent shall ensure that no law and order problem is created at the time of festival and stringent action may be taken against persons, who instigate any law and order problem. 6.The Writ Petition is disposed of with above direction. No costs.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar(CS-IV) To

1. The District Collector, Dindigul District, Dindigul.

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

3. The Revenue Divisional Officer, Palani, Dindigul District.

4. The Tahsildar, Taluk Office, Vedasanthur,

5. The Inspector of Police, Eriyodu Police Station, +1CC to Mr.R.Manoharan, Advocate, SR.No.78877 +1CC to the Special Government Pleader SR.No. 78854 W.P.(MD).No.17900 of 2018 14.08.2018 RMK ES/SKN/RSK/SAR 4/20.08.2018/3P/8C