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Madras High CourtWP(MD)/11584/2023disposed of

Veerappan. M v. The Deputy Superintendent Of Police

2023-05-17Honourable The Acting Chief Justice,Honourable Mrs Justice L.Victoria Gowri6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.05.2023

CORAM:

THE HON'BLE MR.T.RAJA, THE ACTING CHIEF JUSTICE AND THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.(MD)No.11584 of 2023 M.Veerappan ... Petitioner Vs.

1.The Deputy Superintendent of Police, Ponnamaravathi Police Range, Pudukkottai District.

2.The Inspector of Police, K.Pudhupatti Police Station, K.Pudhupatti, Pudukkottai District.

3.A.Muthaiah 4.The Tahsildar, Thirumayam Taluk, Pudukkottai District.

...Respondents

(R3 is impleaded vide Court dated 17.05.2023 in W.M.P.(MD)No.10428 of 2023 and R4 is suo motu impleaded vide Court order dated 17.05.2023) 1/6

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents herein to give permission and police protection for conducting "Madhu Eduppu (Mulaipparai)" and "Aadalum Paadalum" cultural programme on 23.05.2023 in pursuant to the Vaikasi Festival of Arulmigu Sri Muthumariamman Temple situated at Samuthirapatti Village, Valaramanickam Post, Thirumayam Taluk, Pudukkottai District by considering the petitioner's representations dated 27.04.2023 and 02.05.2023.

For Petitioner : Mr.G.Mathavan For R1, R2 & R4 : Mr.M.Sarangan, Additional Government Pleader For R3 : Mr.P.Mahendran

ORDER

[Order of the Court was made by The Hon'ble The ACTING CHIEF JUSTICE] This Writ Petition has been filed for a direction to the respondents 1 and 2 to give permission and police protection for conducting "Madhu Eduppu (Mulaipparai)" and "Aadalum Paadalum" cultural programme on 23.05.2023 in pursuant to the Vaikasi Festival of Arulmigu Sri Muthumariamman Temple situated at Samuthirapatti Village, 2/6

Valaramanickam Post, Thirumayam Taluk, Pudukkottai District, by considering the petitioner's representations dated 27.04.2023 and 02.05.2023.

2.Mr.P.Mahendran, learned counsel for the newly impleaded 3rd respondent submitted that the petitioner has filed this Writ Petition claiming himself as a Trustee of the Temple and the temple property belongs to his family. He has also filed two suits in O.S.No.83 of 2021 and O.S.No.45 of 2022 on the file of the learned District Munsif, Thirumayam in respect of the temple properties and he is no way connected with the affairs of the temple and he cannot claim any individual right over the temple properties or any rights for performing individual poojas. Suppressing all these facts, the petitioner has filed this Writ Petition without even impleading the 3rd respondent.

3.In reply, Mr.G.Mathavan, learned counsel for the petitioner submitted that a direction may be issued to the Tahsildar, Thirumayam Taluk, Pudukkottai District to conduct a Peace Committee Meeting, where all the villagers would be able to participate and amicable settlement can be 3/6

arrived at and thereafter, the village festival can be held in a peaceful manner, for which, the learned counsel for the 3rd respondent is also agreeable.

4.In view of the above, the Tahsildar, Thirumayam Taluk, Pudukkottai District is hereby suo motu impleaded as 4th respondent and the newly impleaded 4th respondent is directed to conduct a Peace Committee Meeting before 23.05.2023 and find out an amicable settlement for conducting the village festival.

5.With the above direction, this Writ Petition stands disposed of. No costs.

(T.R., A.C.J.) & (L.V.G., J.) 17.05.2023 (2/2) NCC : Yes / No Index : Yes / No Internet : Yes / No MYR 4/6

To 1.The Deputy Superintendent of Police, Ponnamaravathi Police Range, Pudukkottai District.

2.The Inspector of Police, K.Pudhupatti Police Station, K.Pudhupatti, Pudukkottai District.

3.The Tahsildar, Thirumayam Taluk, Pudukkottai District.

5/6

T.RAJA, A.C.J.

AND L.VICTORIA GOWRI , J.

MYR W.P.(MD)No.11584 of 2023 17.05.2023 (2/2) 6/6