Chellappa v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL W.P(MD) No.12082 of 2025 Chellappa ... Petitioner vs.

1. The Superintendent of Police Thoothukudi District, Thoothukudi.

2. The Inspector of Police, Srivaikuntam Police Station, Thoothukudi District.

3. The Tahsildar, Srivaikuntam Taluk, Thoothukudi District.

4.Sukumar ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India to issue a Writ of Mandamus to direct the respondents No.1 and 2 to provide necessary protection to the petitioner during the Chithirai Festival 08.05.2025 to 12.05.2025 at Pandiyaraj temple situated in Archaeological Research Centre Athichanallur, Srivaikuntam Taluk, Thoothukudi Page No. 1 of 5

District, by considering the petitioner's representation dated 11.04.2025. For petitioner :Mr.R.Karunanithi For R1 & R2 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl.Side) For R3 :Mr.M.Senthil Ayyanar, Government Advocate *****

O R D E R

This petition is filed by the petitioner to direct the 1 and 2 respondents to provide necessary protection to the petitioner during the Chithirai Festival 08.05.2025 to 12.05.2025 at Pandiyaraj temple situated in Archaeological Research Centre Athichanallur, Srivaikuntam Taluk, Thoothukudi District, by considering the petitioner's representation dated 11.04.2025.

2. The learned counsel for the petitioner would submit that there is a famous temple situated in Athichanallur, namely, Pandiyaraj temple and every year, during the month of Chithirai and Karthigai, the villegers are celebrating Kodai festival and during the festival, they used to perform Samiyaduthal from 2010 onwards. The petitioner has been Page No. 2 of 5

functioning as temple Samiyadi for the past 14 years. While so, the fourth respondent, who is the paternal uncle of the petitioner, last year disturbed the celebration of the festival, without having any right of Samiyaduthal. Now, they decided to conduct festival from 08.05.2025 to 12.05.2025. The temple Dharmagartha asked to perform the role of Samiyaduthal to the petitioner. Therefore, he sent a representation dated 11.04.2025 to the respondents 1 and 2 for providing police protection, but no action was taken. Hence, he filed this petition.

3. The learned Additional Public Prosecutor (Crl.Side) for the respondents 1 and 2 would submit that there is a dispute between the petitioner and fourth respondent in respect of Samiyaduthal. Thereby, the matter was referred to Revenue Divisional Officer, but no compromise was arrived between the parties. Therefore, the petitioner sent a representation dated 11.04.2025 for police protection and the same is pending. They will conduct enquiry and take appropriate action in accordance with law.

4. Considering the prayer sought for in this petition, this Court, without issuing notice to the fourth respondent, is inclined to pass orders. Page No. 3 of 5

5. Since the representation of the petitioner is pending with the second respondent, this Court directs the second respondent to conduct enquiry and take appropriate action after affording opportunity to both the parties within a period of one week from the date of this order in accordance with law.

6. With the abovesaid observation and direction, this Writ Petition is disposed of. No costs.

25.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No apd Note:

Issue on 25.04.2025 To

1. The Superintendent of Police Thoothukudi District.

Thoothukudi

2. The Inspector of Police, Srivaikuntam Police Station, Thoothukudi District.

3. The Tahsildar, Srivaikuntam Taluk, Thoothukudi District.

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

Page No. 4 of 5

P.DHANABAL,J apd W.P.(MD) No.12082 of 2025 25.04.2025 Page No. 5 of 5