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Madras High CourtWP(MD)/10052/2023disposed of

Hereditary Trustee Of Arulmigu Pirmar Temple v. The Superintendent Of Police

2023-04-26Honourable Mr Justice G.Ilangovan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2023 CORAM :

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Hereditary Trustee of Arulmigu Pirmar Temple, Thoppanayagam Village, Chenniyaviduthi, Orithanadu Taluk, Thanjavur District, represented by one of the Trustee, C.Ravi ... Petitioner Vs.

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

2.The Deputy Superintendent of Police, Orathanadu, Thanjavur District.

3.The Inspector of Police, Vattathikottai Police Station, Thanjavur 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 respondents to grant permission and protection to conduct temple festival which commences from Kaappu Kattuthal on 05.05.2023 followed by 1/6

Kavadi Eduthal on 12.05.2023 and Kida Vettuthal on 13.05.2023 on the eve of Arulmigu Piramar Temple situated at Thoppanayackam Village, Orathanadu Taluk, Thanjavur District pursuant to the representation dated 31.03.2023 through register post and served on them. For Petitioner : Mr.D.R.Murugesan For Respondents : Mr.B.Nambiselvan Additional Public Prosecutor

O R D E R

The writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus directing the respondents to grant permission and protection to conduct temple festival which commences from Kaappu Kattuthal on 05.05.2023 followed by Kavadi Eduthal on 12.05.2023 and Kida Vettuthal on 13.05.2023 on the eve of Arulmigu Piramar Temple situated at Thoppanayackam Village, Orathanadu Taluk, Thanjavur District pursuant to the representation dated 31.03.2023 through register post and served on them.

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. 2/6

3. The learned counsel appearing for the writ petitioner submitted that Thiruvizha of Arulmigu Piramar Temple situated at Thoppanayackam Village, Orathanadu Taluk, Thanjavur District, is going to be held on 05.05.2023. Subsequent to the same, for Kaappu Kattuthal on 05.05.2023, followed by Kavadi Eduthal on 12.05.2023 and Kida Vettuthal on 13.05.2023, they sought permission of the Police by giving a representation dated 31.03.2023. 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 he has no objection for granting permission Kaappu Kattuthal on 05.05.2023, followed by Kavadi Eduthal on 12.05.2023 and Kida Vettuthal on 13.05.2023, and if any cultural programme subject to time restriction in between 07.00 p.m to 10.00 p.m.. He has also submitted that the third respondent has received the representation of the writ petitioner and the same is pending for consideration.

5. I have considered the submission of the learned counsel 3/6

appearing for the writ petitioner and the learned Additional Public Prosecutor appearing for the respondents.

6. 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 and other programmes in the temple. Therefore, in view of the detailed circular and guidelines issued by the Director General of Police, the third respondent is hereby directed to consider the representation of the writ petitioner, dated 31.03.2023 and pass suitable orders based on the above said circular, in the light of the above submission made by the learned Additional Public Prosecutor.

7. With the above direction, this writ petition stands disposed of. No costs.

26.04.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No TM 4/6

To 1.The Superintendent of Police, Thanjavur District, Thanjavur.

2.The Deputy Superintendent of Police, Orathanadu, Thanjavur District.

3.The Inspector of Police, Vattathikottai Police Station, Thanjavur District.

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

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G.ILANGOVAN, J TM Order made in Dated 26.04.2023 6/6