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Madras High CourtWP(MD)/11263/2024disposed of

G.Irulandi v. The Superintendent Of Police

2024-05-22Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.05.2024

CORAM

THE HON'BLE MRS.JUSTICE S.SRIMATHY and W.M.P(MD)No.10017 of 2024 G.Irulandi ... Petitioner Vs 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Deputy Superintendent of Police, Office of Deputy Superintendent of Police, Aruppukottai, Virudhunagar District.

3.The Inspector of Police, Kariyapatti Police Station, Virudhunagar 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 1 to 3 to provide adequate police protection for Kachai Katti Petti Edupu festival in Sri Arulmigu Valagurunathan, Angala Eswari, Petchiamman Temple at V.Nangur Village, Kariyapatti Taluk of 1/5

Virudhunagar District on 24.05.2024 and 25.05.2024 based upon the representation of the petitioner, dated on 16.05.2024. For Petitioner : Mr.S.Ramsundarvijayraj For Respondents : Mr.M.Sakthi Kumar Government Advocate(Crl.Side) For interveners : Mr.K.Govindarajan Senior Counsel for Mr.P.Sivachandran and Mr.B.Prahalad Ravi

O R D E R

This Writ Petition is filed for Mandamus directing the respondents to direct the respondents to provide adequate police protection for Kachai Katti Petti Edupu festival in Sri Arulmigu Valagurunathan, Angala Eswari, Petchiamman Temple at V.Nangur Village, Kariyapatti Taluk of Virudhunagar District to be conducted on 24.05.2024 and 25.05.2024 by considering the representation of the petitioner, dated on 16.05.2024.

2. Earlier, the petitioner herein along with 9 others had filed W.P(MD)No.5635 of 2024 with a prayer for Mandamus, directing the respondents to open the Temple, namely Sri Arulmigu Valagurunathan, 2/5

Angala Eswari, Petchiamman Temple at V.Nangur and to allow the petitioners to participate in Siva Rathiri festival on 08.03.2024. After considering the same, this Court has passed the following order: "2. The petition mentioned temple shall be kept open from 6.00p.m tomorrow evening till 6.00 a.m on 09.03.2024. Thiru.Karuppasamy is present in person before this Court. He undertakes to officiate as Poojari and conduct in a nondiscriminatory manner.

3. I make it clear that the scope of this writ petition is confined to making arrangement for this year alone. The rights of the parties are otherwise left open. Passing of this order will not mean that this Court recognises the fifth respondent as Poojari of the temple. This writ petition stands disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed."

3. Even though in the said order, it is stated that it is only for this year alone, there is no specific detail or any clarification that it belongs to which year. Since the order is passed on 07.03.2024, this Court is of the considered opinion that the same is applicable to the present festival also. Therefore, the petitioner and the other 9 persons who are mentioned in W.P(MD)No. 5635 of 2024 shall be permitted to worship deity. However, they are 3/5

restraining from entering into Sanctum Sanctorum. The Poojari, namely Thiru.Karuppasamy shall officiate as Poojari and conduct the same in a nondiscriminatory manner. The rights of the parties are otherwise left open.

4. In view of the above, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 22.05.2024 NCC : Yes/No Internet:Yes/No Index:Yes/No GBG Note : Issue order copy on 23.05.2024.

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

2.The Deputy Superintendent of Police, Office of Deputy Superintendent of Police, Aruppukottai, Virudhunagar District.

3.The Inspector of Police, Kariyapatti Police Station, Virudhunagar District.

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S.SRIMATHY , J.

GBG ORDER IN 22.05.2024 5/5