Arulmigu Sri Angala Eswari Koil, v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.05.2022

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI Arulmigu Sri Angala Eswari Koil, Rep. by its Hereditary Trustee, V.Ramesh (Ariyapatti Thevar), Valandur Village, Usilampatti Taluk, Madurai District.

.... Petitioner Vs.

1.The Superintendent of Police, O/o. The Superintendent of Police, Madurai District, Madurai.

2.The Deputy Superintendent of Police, O/o. The Deputy Superintendent of Police, Usilampatti Taluk, Madurai District, Madurai.

3.The Inspector of Police, Valandur Police Station, Madurai District.

.... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus, directing the respondents to provide adequate police protection to conduct the Maha Kumbabishegam of Arulmigu Sri Angala Eswari Thirukoil temple situated at Valandur Vilage, Usilampatti, Madurai and other prior arrangements to the Maha Kumbabishegam i.e bringing of Thalaivasal Door from chakkaraipatti to sri Angala Eswari Thirukoil erection of tube lights serial set Radio Mike set from T.Vilakku to Nattamangalam conducting Yaagasaalai in front of Temple construction of Saaram to Raajagopuram Erection of Tharpaai and Shed before Arulmigu Sri Angala Eswari Thirukoil protection to the Idol of Deity and Amman Sannathi and Raja Gopura Kalasam in view of invitation and based on the petitioner's representation dated 13.05.2022. For Petitioner : Mr.G.Thalaimutharasu For Respondents : Mr.Vaikkam Karunanithi Government Advocate (Crl. Side) 1/3

O R D E R

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

2. Since the petitioner's request to the respondents 1 to 3 to grant adequate police protection for conducting Maha Kumbabishegam of Arulmigu Sri Angala Eswari Thirukoil temple, Valandur Vilage, Usilampatti, Madurai on 08.06.2022 to 10.06.2022 was not considered, the Writ Petition has been filed. According to the petitioner, he has made a representation in this regard on 13.05.2022, which is still pending.

3. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time.

4. In the light of the above observations, it would be appropriate to direct the third respondent herein to consider the petitioner's representation dated 13.05.2022, within a stipulated time and thereby the ends of justice could be secured. It is made clear that this Court has not expressed any of its view with regard to the merits of the claim of the petitioner and that it is open to the concerned respondent to consider the same on its own merits.

5. Accordingly, there shall be a direction to the third respondent to consider the petitioner's representation dated 13.05.2022, on its own merits and pass appropriate orders in accordance with law, as expeditiously as possible, preferably within a period of one week from the date of receipt of a copy of this order. Such an exercise shall be done after giving due opportunity to the petitioner and any other persons who may be interested in the subject matter.

6. With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(Writs) // True Copy // / /2022 Sub Assistant Registrar(CS) 2/3

To 1.The Superintendent of Police, O/o. The Superintendent of Police, Madurai District, Madurai.

2.The Deputy Superintendent of Police, O/o. The Deputy Superintendent of Police, Usilampatti Taluk, Madurai District, Madurai.

3.The Inspector of Police, Valandur Police Station, Madurai District.

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

+1 CC to M/s.G.THALAIMUTHARASU, Advocate ( SR-23743[F] dated 18/05/2022 ) Date:18.05.2022 SA(26.05.2022) 3P 6C 3/3