A.Lakshmiammal v. The Superintendent Of Police

W.P.(MD)No.14067 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.10.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.14067 of 2020 and W.M.P.(MD)No.11736 of 2020 A.Lakshmiammal ... Petitioner Vs.

1.The Superintendant of Police, Madurai, Madurai District.

2.The Inspector of Police, Keelavalavu Police Station, Madurai District.

3.The Thasildar, Melur Taluk, Melur, Madurai District.

4.M.Chithirai Perumal ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the 4th respondent and his men from conducting festival at Adaikalam Katha Amman Temple, Thaniyamangalam Village, Melur Taluk, Madurai District on 13.10.2020 excluding the petitioner and her family by considering the petitioner's representation dated 30.09.2020 within the time frame fixed by this Court.

For Petitioner :

Mr.C.Selvaraj For Respondents :

Mr.R.Srinivasan, Government Advocate for R1 to R3

O R D E R

Heard the learned counsel appearing for the writ petitioner and the learned Government Advocate appearing for the respondents 1 to 3.

2.The case of the writ petitioner is that the petition mentioned temple is the family deity of the writ petitioner. The writ petitioner states that she is entitled as a matter of customary right to first honour and prasadam. According to the petitioner, a peace committee meeting was convened last year and certain decisions were taken on 14.10.2019. But the fourth respondent did not act in https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.14067 of 2020 consonance with the outcome of the peace committee meeting. The petitioner draws my attention to the proceedings dated 18.10.2019 issued by the Thasildar, Melur Taluk. According to the petitioner, on 13.10.2020, the village festival is to be conducted. The petitioner wants this Court to protect the customary rights of the petitioner.

3.I am afraid that the petitioner has come to the wrong forum. The customary rights of the petitioner cannot be declared in writ jurisdiction. I have consistently held that the peace committee meetings though are welcome measures do not have any statutory force.

4.Leaving open the petitioner's rights, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) ias Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To:

1.The Superintendant of Police, Madurai, Madurai District.

2.The Inspector of Police, Keelavalavu Police Station, Madurai District.

3.The Thasildar, Melur Taluk, Melur,Madurai District.

W.P.(MD)No.14067 of 2020 08.10.2020 ARK (CO) AP(21/10/2020) 2 P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2