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Madras High CourtWP(MD)/11300/2022disposed of

Vetrivel v. The Commissioner Of Police

2022-06-10Honourable Mr Justice V.Sivagnanam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.06.2022 CORAM :

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM Vetrivel

...Petitioner

Vs.

1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, Theedirnagar Police Station, Madurai.

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

4.The Inspector of Police, South Gate Police Station, Madurai, Madurai 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 2 to 4 herein to grant permission for conducting the 86th Palkodam Abhisekham in connection with Vaisakhi Visakha Thiruvizha at Thirupparakundram Arulmighu Shanmugar, scheduled to be held on 12.06.2022 by providing adequate police protection based on petitioner's representation dated 14.05.2022. For Petitioner : Mr.S.Thangaraj For Respondents : Mr.M.Sakthikumar Government Advocate (crl.side) For Rival Claimant: Mr.R.G.Shankar Ganesh

O R D E R

This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus directing the respondents 2 to 4 herein to grant permission for conducting the 86th Palkodam Abhisekham in connection with Vaisakhi Visakha Thiruvizha at 1/3

Thirupparakundram Arulmighu Shanmugar, scheduled to be held on 12.06.2022 by providing adequate police protection based on petitioner's representation dated 14.05.2022. 2.Mr.M.Sakthikumar, learned Government Advocate (Criminal Side) takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself. 3.The learned counsel appearing for the petitioner submitted that 'Vaikasi Visakha Thiruvizha' at Thirupparakundram Arulmighu Shanmugar temple is going to be held on 12.06.2022. The petitioner and his people usually performed the 'Milk Abhisekham' during the festival. This time also, the petitioner is intended to perform the 'Milk Abhisekham' on 12.06.2022.

4. The learned counsel appearing for rival claimants represented that one Arumugam is the President of Festival Sabha and he is the rival claimant, but in the writ petition, he is not a party. He further submitted that the petitioner should not claim any right over the temple or title. Only for the purpose of performing the 'Milk Abhisekham', permission may be given and they cannot any right over the properties of the temple, since the civil suit is pending before the Additional District Court, Madurai. 5.The learned Government Advocate (Crl.side) appearing for the respondent police submitted that without any wreck of vengeance, the parties may perform 'Milk Abhisekham' and at that time, the respondent police shall give protection to perform 'Milk Abhisekham'.

6.In the light of the above submissions, the petitioner is permitted to perform 'Milk Abhisekham' on 12.06.2022 and he should not claim any right over the temple or title over the temple properties. The respondent police shall give adequate protection for performing 'Milk Abhisekham'. The rival party is also permitted to perform 'Milk Abhisekham' during the festival time. 7.With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // 10/06/2022 Sub Assistant Registrar(CS-III) vsd 2/3

To 1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, Theedirnagar Police Station, Madurai.

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

4.The Inspector of Police, South Gate Police Station, Madurai, Madurai District.

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

10.06.2022 SR(CO) GC(10.06.2022) 3P 6C 3/3