U.Kaaliyan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE P.DHANABAL W.P(MD) No.13394 of 2025 U.Kaaliyan ... Petitioner Vs
1. The District Collector,
2. The Superintendent of Police,
3. The Commissioner of HR and CE, No.119, Uthamar Gandhi Salai Nungampakkam Chennai 600 034.
4. The Joint Commissioner of HR & CE, No.40, Muthusamy Nagar, Sivagangai
5. The District Revenue Officer, Sivagangai
6. The Revenue Divisional Officer, Devakottai Taluk Page No. 1 of 7
7. The Inspector of Police, Pallathur Police Station Pallathur
8. The Inspector of Police, Chettinadu Police Station Chettinadu
9. S.Karuppaiah
10. S.Palaniyappan
11. K.Solaiyan ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India to issue a Writ of Mandamus to direct the respondents 1 to 8 to permit the petitioner to conduct worship in the Arulmigu Solai Valartha Ayyanar Temple, Kothari Village, Karaikudi Taluk, Sivagangai District and participate in the Chitra Pournami Ursava Puravi Edupu Festival scheduled from 05.05.2025 to 15.05.2025 and during all the upcoming years with adequate police protection by considering the petitioner representation dated.21.04.2025.
For petitioner :Mr. T.Aswin Raja Simman For R1, R3 to R6 :Mr.M.Senthil Ayyanar, Government Advocate For R2, R7 & R8 : Mr.M.Sakthi Kumar, Government Advocate (Crl.Side) For R11 : Mr.Arun Swamination Page No. 2 of 7
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O R D E R
This petition is filed by the petitioner to direct the respondents 1 to 8 to permit the petitioner to conduct worship in the Arulmigu Solai Valartha Ayyanar Temple, Kothari Village, Karaikudi Taluk, Sivagangai District and participate in the Chitra Pournami Ursava Puravi Edupu Festival scheduled from 05.05.2025 to 15.05.2025 and during all the upcoming years with adequate police protection by considering the petitioner representation dated 21.04.2025.
2. The learned counsel for the petitioner would submit that the petitioner is residing in the village and the villagers decided to conduct Chithra Pournami Ursava Puravi Edupu festival from 05.05.2025 to 15.05.2025. However, the respondents 9 to 11, who belong to different community, restricted the petitioner's community people stating that they are the Administrator of the temple. Hence, they sent a representation to the respondents 1 to 8 on 21.04.2025 seeking police protection during the festival, but the same has not been considered. Therefore, he filed this petition.
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3. The learned Government Advocate (Crl.Side) for the official respondents would submit that they received the representation of the petitioner for police protection and the same is under consideration. Further, nobody has objected the petitioner from worshipping the temple and take part of the festival.
4. The learned counsel for the private respondent/11th respondent would submit that they have not restricted the petitioner from taking part in the temple festival. The respondents 9 to 11 are the Administrators of the temple and the petitioner is interfering with the administration of the temple.
5. The learned counsel for the petitioner, by way of reply, denied the allegation made against the petitioner and submits that for taking part of the temple festival and worshipping the God only, he seeks police protection.
6. This Court heard both sides and perused the records. 7.According to the petitioner, he sent a representation to the Page No. 4 of 7
respondents to provide police protection to worship the God during the festival. According to the respondents, nobody has objected the petitioner to worship the God. While so, right to worship is available to every individual as per Article 25 of Constitution of India. Hence, this Court directs the respondents 7 and 8 to consider the petitioner's representation dated 21.04.2025 and pass appropriate orders in accordance with law and provide adequate police protection to the public during the festival.
8. With the above said directions and observations, this Writ Petition is disposed of.
30.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No apd To
1. The District Collector,
2. The Superintendent of Police,
3. The Commissioner of HR and CE, No.119, Uthamar Gandhi Salai Nungampakkam Chennai 600 034.
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4. The Joint Commissioner of HR & CE, No.40, Muthusamy Nagar, Sivagangai
5. The District Revenue Officer, Sivagangai
6. The Revenue Divisional Officer, Devakottai Taluk
7. The Inspector of Police, Pallathur Police Station Pallathur
8. The Inspector of Police, Chettinadu Police Station Chettinadu 9.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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P.DHANABAL,J apd W.P.(MD) No.13394 of 2025 30.04.2025 Page No. 7 of 7