Murugeshan v. The District Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.06.2024 CORAM :
THE HON`BLE MR.JUSTICE B.PUGALENDHI W.P(MD) No.11492 of 2024 Murugeshan ... Petitioner Vs.
1.The District Superintendent of Police, District Superintendent Office, Tenkasi District.
2.The District Deputy Superintendent of Police, Deputy Superintendent of Police, Aalankulam.
3. The Inspector of Police Pavurchatram Police Station, Pavurchatram.
4. Murugavel Raj 5.Pachammaal ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, to direct the respondents 1 to 3 herein to provide police assistance to the petitioner and his family members and other fellow villagers to worship the deities namely Arulmigu Ramasamy Thirukovil Arulmigu Kaliyamman Thirukovil Arulmigu Sudalaimadan Thirukovil Arulmigu Nallamadan Thirukovil and Arulmigu Palavesekaran Thirukovil situated in Veeraputhiranadanoor Village Sivanadanoor Post Thippanamapatti 1/6
Village Tenkasi Taluk and District on the basis of the petitioners representation dated 24.05.2024 For Petitioner : Mr.N.Shyllappakalyan For R1 to R3 : Mr.P.Kottai Chamy Government Advocate (Crl.side) For R4 and R5 : Mr.M.Perumal
O R D E R
This petition is filed to direct the respondents 1 to 3 herein to provide police assistance to the petitioner and his family members and other fellow villagers to worship the deities namely Arulmigu Ramasamy Temple and other temples situated in Veeraputhiranadanoor Village, Sivanadanoor Post, Thippanamapatti Village, Tenkasi Taluk, Tenkasi District on the basis of the petitioner's representation dated 24.05.2024 2.The learned counsel for the petitioner submits that the petitioner is a resident of Veeraputhiranadanoor Village and the respondents 4 and 5 have not provided key to the petitioner and also abusing the petitioner's group and hence, the petitioner has filed a 2/6
Scheme Suit before the Sub Court, Tenkasi in O.S.No.730 of 2023 and the same is pending. Since the petitioner has filed the Scheme Suit as against the respondents 4 and 5, the respondents 4 and 5 have now prevented the petitioner to participate the festival. Therefore, he filed a complaint and also filed this Writ Petition.
3. The learned counsel for the respondents 4 and 5 submits that they are not preventing anybody and the petitioner can very well come and offer his prayer.
4. The learned Government Advocate (Crl.Side) submits that the matter has been referred to the Tahsildar and the Tahsildar has also conducted a peace committee meeting resolving the petitioner and others to offer their prayers.
5. This Court considered the rival submissions made.
6. The petitioner has approached this Court that he has been prevented from offering prayer, since he has filed a suit before the Sub Court, Tenkasi, as against the respondents 5 and 6. Now, the respondents 3/6
4 and 5 submitted that they are not restricting the petitioner or others to offer prayer.
7. Recording the submission of the learned counsel for the respondents 4 and 5, this Writ Petition stands disposed of with a direction to the respondent police to ensure that nobody, including, the petitioner and others, who are willing to offer worship, is denied to offer their prayer / worship.
8. The petitioner and the respondents 4 and 5 have to work out their remedy with regard to the other issues in the scheme suit, which is pending before the Sub Court, Tenkasi. There shall be no order as to costs.
Index : Yes/No 10.06.2024 Internet: Yes/No NCC : Yes/No LS Note: Issue order copy on 11.06.2024.
4/6
To 1.The District Superintendent of Police, District Superintendent Office, Tenkasi District.
2.The District Deputy Superintendent of Police, Deputy Superintendent of Police, Aalankulam.
3. The Inspector of Police Pavurchatram Police Station, Pavurchatram.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
5/6
B.PUGALENDHI, J LS Order made in W.P.(MD) No.11492 of 2024 10.06.2024 6/6