Madras High CourtWP(MD)/7270/2015disposed of

K. Velusamy v. The Deputy Superintendent

2015-04-29Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:29.04.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P.(MD)No.7270 of 2015 and M.P.(MD).No.1 of 2015 K.Velusamy ... Petitioner Vs.

1. The Deputy Superintendent of Police, Uthamapalayam, Theni District.

2. The Inspector of Police, Uthamapalayam Police Station, Uthamapalayam, Theni District.

3. The Sub-Inspector of Police, Uthamapalayam Police Station, Uthamapalaym, Theni District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents to grant permission to East Street Hindu Parayar Community People at C.Pudupatti, Uthamapalayam Taluk, Theni District and police protection to conduct Karuppasamy Temple Festival in hereditary in nature on 19.05.2015 and 20.05.2015 and Orchestra programme on 20.05.2015 as part of the Karuppasamy Temple Festival, C.Pudupatti, Uthamapalayam Taluk, Theni district. For Petitioner : Mr.K.Guhan For Respondents : Mr.R.Karthikeyan Additional Govt. Pleader

O R D E R

The petitioner has come forward with this petition seeking direction to the respondents to grant permission to East Street Hindu Parayar Community People at C.Pudupatti, Uthamapalayam Taluk, Theni District and police protection to conduct Karuppasamy Temple Festival on 19.05.2015 and 20.05.2015 and Orchestra programme on 20.05.2015 as part of the Karuppasamy Temple Festival, C.Pudupatti, Uthamapalayam Taluk, Theni district. https://hcservices.ecourts.gov.in/hcservices/

2. When the matter was taken up for hearing, the learned counsel for the petitioner submitted that in view of the injunction application dismissed in the suit filed by the opposite party in O.S.No.117 of 2013, there cannot be any bar to conduct temple festival by the petitioner.

3. The learned Additional Government Pleader submitted that today a Peace Committee Meeting is convened before the Revenue Divisional Officer.

4. A rejection of I.A.No.246 of 2013 cannot be given a right to the other party. As such, this Court is not willing to go into the same. Furthermore, the request of opposite party to conduct temple festival is not before this Court. The Revenue Divisional Officer is also seized of the matter. Hence, the Revenue Divisional Officer is directed to call both the parties and thereafter take appropriate action within a period of one week from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar akv To

1. The Deputy Superintendent of Police, Uthamapalayam, Theni District.

2. The Inspector of Police, Uthamapalayam Police Station, Uthamapalayam, Theni District.

3. The Sub-Inspector of Police, Uthamapalayam Police Station, Uthamapalaym, Theni District.

4.The Revenue Divisional Officer, Uthamapalayam Theni District.

+1cc to MR.K.GUHAN, ADVOCATE IN SR NO. 23720 W.P.(MD)No.7270 of 2015 29.04.2015 RG.30.04.2015 2P.6C.

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